185 



cause, as I understand it, the quality of ocean ^yate^s will then be 

 regulated in the following manner : 



First, for industrial waste the 1899 Eefuse Act applies to any in- 

 dustry water or pollution into the navigable waters of the United 

 States. 



Second, the sewage which is excluded from the operation of the 

 Eefuse Act is also excluded from this act. It will come under water 

 quality. Third, the Environmental Protection Agency will regulate 

 ocean dumping and fill. 



Thus, out of the four areas, sewage is apparently the one excluded. 

 It will be regulated by some other agency under some other standards. 

 Could you tell us why ? 



Mr. Train. Well, the Water Pollution Control Act which is admin- 

 istered by the Environmental Protection Agency. 



Mr. McClosket. Does the Environmental Protection Agency set 

 water standards for the ocean adjacent to the United States? 



Mr. Train. Well, they are set under the Water Pollution Control 

 Act: they are part of the standards adopted by the States and re- 

 viewed and approved by the Federal Government. 



Mr. DixGELL. Would the gentleman yield ? 



But those are to extend only 3 miles. 



Mr. Train. That is correct, and the President has recommended 

 that this be extended to the 12-mile limit. 



Mr. DixGELL. You are exempting outfall structures so that today if 

 somebody runs an outfall 3 miles and a quarter off shore he is exempt 

 from water quality standards and he also would be exempt from the 

 ocean-dumping prohibition. Now assuming that this committee and 

 the Congress enacts this bill, you will find yourself in a situation where 

 you will be able to control dumping but not from outfalls. 



Now if the Congress does not enact legislation extending water 

 quality standards out to 12 miles, then you will be in the situation 

 where the addition of perhaps a quarter of a mile of pipe to exist- 

 ing outfall will completely exempt it from any Federal regulation 

 whatsoever. 



Mr. Train. That is correct, Mr. Chairman. It is important that all 

 of these legislative proposals be considered as part of an inter-related 

 mechanism and that the Congress be aware that it is at the present time 

 considering water quality legislation which would extend the water 

 quality standards to the contiguous zone. Now as I indicated earlier, 

 there is no legislation before the Congress which would extend beyond 

 the contiguous zone, so to that extent at least you would have to rely 

 upon this permit system under the ocean dumping authority if you 

 wish to control that. 



Mr. DiNGELL. ^Vhat gives you reason to believe that the States have 

 the right to regulate from 3 to 12 miles insofar as water quality stand- 

 ards ? It is an awful big area and it is a goodly distance beyond the 

 shore. 



Mr. Train. I am not aware that this would be a State regulatory 

 activity at all but I believe Federal standards — ■ — 



Mr. DiNGELL. If you extend water quality standards to 12 miles, you 

 are making this a possibility. 



62-513 — 71- 



