6 



Key provisions of the proposed bill would extend Federal jurisdiction for 

 pollution abatement to include expressly ground waters, tributaries of interstate 

 and navigable waters, pollution of waters of the contiguous zone which adverse- 

 ly affects water quality in the territorial sea. and pollution of the high seas re- 

 sulting from discharges of matter transported from United States territory. The 

 proposed bill would also more adequately define water quality standards to mean 

 water quality standards established under existing law, and in additional, water 

 use designations, water quality criteria, effluent limitations, and plans of im- 

 plementation and enforcement established pursuant to new requirements con- 

 tained in the bill. 



The proposal would also require the Administrator to publish regulations 

 establishing specifications for water qua-ity criteria and effluent limitations. In 

 doing so, the uncertainty and confusion which have resulted from a lack of guid- 

 ance to the States in this respect and the delays caused in the establishment of en- 

 foiceable standards would be eliminated. Water quality standards under the 

 proposed legislation would include two elements not previously specified : water 

 use designations and effluent limitations. Water quality standards in all States 

 would be required to be revised to include these new elements. It would provide 

 the Administrator with clear authority to establish standards in areas of ex- 

 clusive Federal jurisdiction or where the States do not have jurisdiction, after 

 public hearings. The proposed bill would also eliminate the existing enforcement 

 conference. The Administrator would be authorized to abate pollution and en- 

 force water quality standards through the issuance of orders following notice 

 to violators. Such orders would be legally enforceable. Appeal from and judicial 

 review of such orders would be provided. 



The Administrator could also call a fact-finding hearing to be conducted with 

 State participation, and, where he finds a threat to health or Avelfare, he may 

 initiate the speedy revision of water quality standards. Civil penalties of up to 

 $25,000 per day of violation of a final order would be provided. Further provisions 

 would provide the Administrator with authority to establish effluent limitations 

 for hazardous substances, to compel the attendance and testimony of witnesses, 

 to enter and inspect facilities, and to require dischargers to perform effluent 

 monitoring. Court action by citizens would also be authorized to enforce water 

 quality standards or to compel the Administrator to perform non-discretionary 

 acts. 



2. ENVIRONMENTAL IMPACT OF PROPOSED BILL 



This proposal would greatly strengthen the regulatory tools at the command 

 of the Environmental Protection Agency for water pollution control and would 

 give private citizens a larger role in the enforcement process. Its impact on the 

 environment is anticipated to be a wholly beneficial one. Specific provisions of 

 the bill are designed to broaden the scope of application of water quality stand- 

 ards, increase water quality requirements, provide for speedy, just, and effective 

 enforcement procedures, and allow for public participation through hearings and 

 citizen suits. In short, the proposal would give the EPA the added authority it 

 needs to more effectively carry out its mission of water quality protection and 

 enhancement. All of these provisions are directed toward water quality protec- 

 tion and enhancement. 



3. ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED 



We do not foresee any unavoidable adverse effects to the environment which 

 might result from the enactment of this proposal. Its purpose is to expand and 

 increase presently existing regulatory controls over water pollution situations, 

 and its environmental effects, therefore, are expected to be entirely beneficial 

 with respect to environmental quality. 



4. ALTERNATIVES TO THE PROPOSED BILL 



This proposal reflects the recommendations of Federal, State, and local en- 

 forcement officials in the water pollution control field as to the needs in the 

 upgrading of water quality standards and enforcement procedures. We feel this 

 is the best and most comprehensive proposal in the enforcement field which can 

 be submitted at this time. If enacted, we intend to review the operation of these 



