434 



responsible to do what probably can be cleared up if these bills are 

 treated together. 



Mr. Rogers. What concerns me, Mr. Ruckelshaus, and I laiow you 

 have not had an opportunity to be in this long, for instance, you tell 

 me we are going to do this, and then I find out that you don't even 

 have authority to do it. 



Mr. Ruckelshaus. I have not said we don't have authority to do it. 

 Under the Refuse Act of 1899, when read in conjunction with 21(b) 

 of the Water Pollution Control Act, we have arguable authority to 

 doit. 



So we believe under that arguable authority we can look at these 

 certifications by the States and pass on those, weher clearly they are 

 deficient in any kind of water pollution control program at all. 



Mr. Rogers. Do you have the authority, or does the Corps of Engi- 

 neers have authority under the Refuse Act ? 



Mr. Ruckelshaus. Under the Refuse Act, they have the authority 

 to issue permits, and read in conjunction with section 21 (b) , we believe 

 the authority to pass on water quality is given to the Environmental 

 Protection Agency, and that we advise the Corps on the exercise of 

 that authority. 



I admit this is not without some dispute, and that there are those 

 who say we don't have that authority. 



Mr. Rogers. If you had deadlines, you could get at it quickly, could 

 you not ? 



Mr. Ruckelshaus. If we had the amendments that we suggested to 

 Congress, we could get at it quickly. 



Mr. Rogers. Well, if this committee decided, that could really get 

 you going on this problem. 



Mr. Ruckelshaus. We would hope all of the committees would do 

 that. 



Mr. Rogers. Regarding solid wastes, I just checked, we authorized 

 for fiscal 1972 $152 million. The committee thought the problem was 

 that significant. I notice the budget request was $19 million. Do you 

 think this is a proper request to meet the needs in this area ? 



Mr. Ruckelshaus. This is not the final, total request that we will 

 make, as I explained. 



Mr. Rogers. You said there is $85 million, but you are not sure 

 whether any of that goes to solid waste. 



Mr. Ruckelshaus. We are requesting that some of it go to solid 

 waste. 



Mr. Rogers. What is the major request for ? 



Mr. Ruckelshaus. For new and innovative demonstration projects. 



Mr. Rogers. Of the $85 million, I mean. 



Mr. Ruckelshaus. Probably to implement the Clean Air Act of 

 1970. 



Mr. Rogers. "^Vhat are the total requests for air pollution ? 



Mr. Ruckelshaus. Something in the neighborhood of $41 million. 



No, that is not the total request. That is of the $85 million. 



Mr. Rogers. Then for water pollution it is what ? 



Mr. Ruckelshaus. Very little of the $85 million goes to water 

 pollution. 



The reason I am a litte fuzzy on these figures is because we are still 

 in the process of trying to get a final answer from 0MB as to just 



