Lc ILM8/2.: IE 77071 NOLONG» P as 1* 1: r fix?‘- O F <3 ii ixz” 5. E 33 RA Ry washmgffln Univaysny \P“.o'..V.."‘_.f‘}'~_—_7.‘.‘;:': _‘__‘~ _ ‘ ‘ I‘. . . "f », - ' ‘ ' . ; — ;_‘,:: ‘A. . , . .’ :_ _: ' ‘ ‘ig 5 - , ;., . ' y . .\< 0 “ "° ‘ "N ‘I "4 I‘ i‘: 5 ,‘ if \ :‘.;I- 'v:_o.§ 8;”! _. ,; - a‘ . '9' p 5 . \ A €~‘,J‘ . ' " v a ‘ ‘J I. ~ '4 c. ya \,.< \.V_:-x"‘aaY 44 ,* ‘ V ' ‘ ‘..‘'.'.,_y‘.'~ .r- '- . . , , _. . . . 5 ~ ’ ' ~ : . ‘ * ‘--...~,\- '47 , " 1 ‘ ~~"-v. J.‘ __ K _, I NGRESSIONAL i SERVICE‘ Universit Missouri ll H-mWlT )ia O10-10386081 3 HIIW LIBRARY OF CONGRESS , \ WATER POLLUTION: TOXIC CONTAMINANTS ISSUE BRIEF NUMBER IB77071 AUTHOR: Copeland, Claudia Environment and Natural Resources Policy Division THE LIBRARY OF CONGRESS CONGRESSIONAL RESEARCH SERVICE MAJOR ISSUES SYSTEM DATE ORIGINATED DATE UPDATED FOR ADDITIONAL INFORMATION CALL 287-5700 0820 CRS- 1 IB77071 UPDATE-08/20/80 gssum nngxnxmxgy The problem of toxic contaminants in the nation's waters is affected by provisions of numerous pollution control statutes, including the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Ocean Dumping Act, the Resource Conservation and Recovery Act, and the Toxic Substances Control Act. However, a number of contamination episodes have raised questions about the coordination and implementation of these Acts. Particular difficulties have emerged with respect to timely promulgation of regulations, reporting and monitoring, cleanup, coordination, and liabilities and compensation. At issue is whether current difficulties can be resolved by better implementation of existing authorities or, alternatively, if new legislation is needed. Broadly speaking, environmental protection deals with two types of pollution problems: one concerns increasing amounts of naturally degradable waste products; the other concerns toxic materials which may be dangerous even in trace amounts and which may be persistent and cumulative in organisms. Because of the special environmental hazards toxic substances pose, they are often treated separately in pollution control legislation. Toxics in water are particularly troublesome because of the potential for transport of the material and for widespread exposure, not only by aquatic biota but by any organisms -- including humans -- drinking the water. CONTAMINATION EPISOD ES A series of recent pollution episodes involving the contamination of waters has heightened concern that current programs are inadequate to control toxic contamination of water and to deal with episodes that occur. §g;Qgg_ggtggghlg§idg; On Sept. 26, 1976, sampling of the drinking water system for Huntington, West Virginia, revealed 10 parts per billion (ppb) carbon tetrachloride. Four industries were identified as possible sources, and three agreed to let EPA sample their discharges; the fourth, FHC, refused EPA entry. The U.S. attorney General directed FMC to admit EPA on Feb. 8, 1977. On Feb. 9, samples of Cincinnati's drinking water revealed 65 ppb carbon tetrachloride, and subsequent sampling of the Kanawha and Ohio Rivers revealed concentrations of up to 3&0 ppb. EPA warned Cincinnati that a slug of carbon tetrachloride in the river would pass drinking water intakes on February 22, but on February 19 EPA admitted the slug had already passed the city. EPA's ability to handle the carbon tetrachloride episode was limited. The NPDES permits for the industries discharging carbon tetrachloride do not set specific limits for that chemical, although it is one of the 65 that will be regulated by technology-based standards as a part of the "Flannery settlement" under Section 307(a) of the FPWCA. Since carbon tetrachloride is t one of the 299 chemicals designated by EPA as hazardous under Section s.1, requiring reporting and cleanup of spills, neither this authority nor the revolving fund could be used. Nor do drinking water regulations set standards for carbon tetrachloride. CRS— 2 IB77071 UPDATE-03/20/80 The action finally taken by EPA was under the "emergency powers" of the FWPCA (Section 504) and of the SDWA (Section 1431). On Mar. 9, 1977, the 0.3. District Court for the Southern District of West Virginia issued a temporary restraining order prohibiting FMC from discharging carbon tetrachloride and from manufacturing additional supplies. This marked the first time that.emergency actions were taken pursuant to these two sections of the Acts. On March 15, the Court allowed FMC to resume production of carbon tetrachloride subject to the terms of a consent agreement reached between the company and EPA. The agreement requires FMC to reduce the allowable carbon tetrachloride discharges by 80%, and sets deadlines for the installation of other pollution controls. §§g,_Q§Tg_gt_Lgg;§g;llg, Kentucky. On Har. 29, 1977, 31 workers at the Louisville, Kentucky, sewage treatment plant were overcome by fumes. Investigation revealed that some six tons of hexachlorocyclopentadiene (HCP) and of octachlorocyclopentadiene (OCTA) were dumped in the city's sewage system. The chemicals contaminated 26 blocks of sewer and rendered the waste treatment plant inoperable. For more than two months 100 million gallons of raw sewage per day were discharged directly to the Ohio River, and for 27 months more 6 to 10 million gallons a day of untreated sewage was diverted directly into the river. Because of the toxicity of the chemicals, cleanup workers wore special uniforms with oxygen supplies, and could cleanup only work for some 30 minutes per shift. After a year-long cleanup completed in September 1979, workers had scraped 800,000 pounds of cotaminated sludge from more than three miles of sewer lines, which then required disposal. On the first case brought by the Federal government involving criminal charges for polluting a waterway, a man convicted of dumping the wastes was sentenced to two years in prison and fined $50,000. Q;ttmg;,_§;§§9g;;_Q;;_p;t: In April 1977, a waste oil pit in Dittmer, Missouri, was found to contain toxic chemicals and to be contaminating a nearby stream. (The firm responsible for the pit was involved in the 1973 deaths of 48 horses when waste oil containing the highly toxic chemical dioxin was sprayed on a Missouri horsetrack for dust control.) The Dittmer oil pit has so far yielded some 40,000 gallons of contaminated sludge and creek soil; the creek itself is being filtered before it can flow on to the neramec River. The Section 311 (of FWPCA) revolving fund is being tapped to pay for the cleanup of the Dittmer site. (The decision to use the fund required a Coast Guard-EPA meeting to decide if the fund could be used to clean up substances other than the oil.) Similar incidents continue to be reported. For example, this summer New Jersey health officials warned that fish in certain of the State's streams and creeks were tainted by high levels of the pesticide chlordane, believed to have been transported to stream bottoms by urban runoff. Chlordane, identified as a cancer-causing substance, is a pesticide; most of its uses have been banned. In Pennsylvania, officials have discovered that oil and chemical wastes dumped at abandoned coal mines have leaked into the Susquehanna River and have reached the drinking water supply of some downriver communities. These are a few of the recent episodes which have involved water contamination. Others that have been in the news, and have received direct congressional attention, include polychlotinated biphenyl contamination of numerous waterways including the Hudson River [see CR5 multilith 77-122SP, "Polychlorinated Biphenyls (PCBs): An Environmental Hazard"); kepone contamination of the James River in Virginia [see CRS Issue Brief 76062, CRS- 3 IB77071 UPDATE~O8/20/80 "Kepone Pollution: A Summary Review"]; the June 1976 sludge washup on Long Island beaches; and the Love Canal incident in Niagara Falls, N.Y. STATUTES The basic Federal law protecting the Nation's fresh waters from toxic pollutants is the Federal Water Pollution Control Act (FWPCA -- P.L. 92-500). The basic law protecting the ocean is the Marine Protection, Research, and Sanctuaries Act, also known as the Ocean Dumping Act (MPRSA -- P.L. 92-532). other laws relevant to toxic contaminants in water include: Resource Conservation and Recovery Act of 1976 (RCRA -- P.L. 94-580), which addresses land disposal of wastes and the problems of leachates; the Safe Drinking Water Act (SDWA -- P.L. 93-523), which limits toxics in water and provides for the protection of groundwaters; the Hazardous Materials Transportation Act (P.L. 91-458), which covers spills into waterways, among other things; the Federal Insecticide, Fungicide, and Bodenticide Act, as amended, (P.L. 92-516), which may restrict the use of pesticides to protect waters; and the Toxic Substances Control Act (TSCA -- P.L. 94-469), which provides for premarket screening of, and controls on, toxic materials. Problems have plagued the implementation of the toxic contaminant provisions of several of these acts, most particularly the FWPCA and the SDWA. Fflgggz Section 101(a)(3) of the FWPCA declares a “national policy that the discharge of toxic pollutants in toxic amounts be prohibited." Provisions for carrying out this policy include regulation of discharges Fsection 307(a)], penalties for spills (Section 311), and procedures for lean up (Section 115). Amendments in 1977 (P.L. 95-217) revised and strengthened the provisions for dealing with toxics. Section 307(a), a key.provision for regulating toxic discharges, requires EPA to publish a list of toxic pollutants and to establish discharge limits for them. Other pollutants not designated as ‘toxic’ under Section 307(a) are to be regulated by the industrial permit program of Sections 301, 30a, 306, and 402 --i.e., the National Pollutant Discharge Elimination System (NPDES) permits. Section 307(b) provides that industries discharging into 1 municipal sewage systems must "pretreat" their wastes so as to ensure the safe and effective working %f the wastewater treatment facility. Final regulations to implement 307(b) were issued June 26, 1978 (Q3 F.R. 27736). EPA's implementation of Section 307(a) has beenm delayed by lack of information, technological uncertainties, and legal imbroglios. Finally, a suit against EPA by the Natural Resources Defenses Council and the National Wildlife Federation was settled by consent decree in April 1976 [gatggal Re§92r9e§-2s£e2§§-Q99A9il v- Train; 8 ERC 2120. 6 ELR 20588 (D-D-C- 1976)]- The agreement, known as the "Flannery settlement," required EPA to establish Section 307(a) limitations for six particularly toxic substances (four ‘ pesticides -- aldrin/dieldrin, DDT [DDD, DDE], endrin, and toxaphene -- plus benzidine and polychlorinated biphenyls [PCBs]). In addition, under the settlement EPA agreed to write restrictions on the discharge of some 65 other ‘ chemicals into best-available technology-based effluent guidelines for NPDES permits for 21 categories of dischargers; under a modification to the ttlement approved Mar. 9, 1979, these limitations will go into effect by mld—198u. While the Flannery settlement establishes EPA's responsibilities under Section 307(a), controversies will likely emerge as effluent limitations for the 65 chemicals are proposed. ' CRS- 4 IB77071 UPDATE—08/20/80 P.L. 95-217 requires EPA to publish within 30 days of enactment a list of toxic chemicals under Section 307(a)(1); this list will at least include all 129 chemicals included in the "Flannery Settlement" (and listed in Table 1 of House Committee Print 95-30). EPA can add to or subtract from the list as appropriate. By July 1, 1980, EPA must set effluent limitations resulting from best available technology (BAT) economically achievable for the 129 Flannery Settlement chemicals. These effluent limitations must be met no later than July 1, 1984. For any other chemical on the list, an effluent limitation must be set as soon as practicable and must be met within 3 years. No waivers for toxics are permitted. Furthermore, the Administrator of EPA, at his discretion, can set for any toxic listed under Section 307 an effluent standard (or a prohibition) more stringent that BAT. Procedures for issuing such standards include opportunity for a public hearing and for review. The 1977 amendments also created a new class of "non-conventional" pollutants, which will include any pollutant not in the conventional (i.e., oxygen demand, fecal coliform, sediment, pH, etc.) or toxics (section 307 list) groups. Non-conventional pollutants will be subject to BAT not later than 3 years after such limitations are established, but in any case no later than July 1, 1987. section 307(b) of FHPCA provides for pre-treatment of industrial discharge to sewers to remove toxics. Final regulations generally implementing this provision were published June 26, 1978 (43 F.R. 27736). Implementation of these requirements, along with related requirements to monitor water for the presence of toxics, are likely to be controversial. Section 311 of the FWPCA is the key provision for combatting spills. It) declares a policy that there shall be no discharges of oil or hazardous substances into the nation's waters. Under Section 311, EPA is to designate hazardous substances, determine their removability, determine harmful quantities, and establish a system of penalties for spills. Also, under Section 311 dischargers must notify the appropriate Federal agency (the Coast -Guard) of a discharge and are liable for actual costs of removal of harmful substances. In addition, Section 311 creates a fund of $35 million, administered by the Coast Guard, to reimburse Federal and State agencies for cleanup costs. The Coast Guard recently reported that the fund contains less than $4 million in assets and has outstanding claims against it of about $2 million. While Section 311 regulations to deal with oil spills were issued during 1973 and 1974 (40 CFR 110), regulations to deal with toxic spills were considerably delayed. EPA issued proposed hazardous chemicals regulations in December 1975, but they were not finalized until March 1978 (40 CFR 116) after enactment of the Clean Water Act of 1977. Scheduled to go into effect June 12, their enforcement was enjoined June 8 by the U.S. District Court for the Western District of Louisiana, pending a finding on industry challenges (manufacturing-§he2i§:§-A§§99ie:i29 v- Qeezle. no. 780578). On August 4 the court declared the rules invalid as being arbitrary, capricious, and contrary to the intent of Section 311, and permanently enjoined their enforcement. However, legislation (H.B. _12140) passed Congress October 14 to revise Section 311. The bill was signed into law (P.L. 95-576) on Nov. 2, 1978. On Feb. 16, 1979, EPA revoked the earlier Section 311 rules and proposed new regulations, which require spills "which may be harmful" to be reported. Exempted are discharges of designated hazardous substances which are specifically regulated under Nation Pollution Discharge Elimination System CBS- 5 IB77071 UPDATE~08/20/80 permits. The new rules also reduce possible penalties. At the same time, EPA designated 299 hazardous substances under the program. Section 115 of the FWPCA provides funds for the identification and cleanup of inrplace toxic pollutants. of $15 million authorized, $2 million was appropriated in 1973, of which $1.8 million was diverted to other purposes; the remaining $200,000 has gone to two studies. Also, $1.0 million in general funds were reprogrammed to Section 115 for a study of kepone cleanup in the James River. No in-place toxic pollutants have yet actually been removed under this authority. In addition, P.L. 95-217 added provisions to the "Emergency Powers" of Section 500 to authorize EPA to provide emergency assistance in dealing with toxics; a $10 million revolving fund was authorized for this activity. Finally, Section 301(b)(1)(c) of the FWPCA provides for enforceable water quality standards. On July 10, 1978, EPA published a proposal (43 E.R. 29588) that would substantially tighten water quality standards and include the toxics listed in the Flannery Settlement. gpggg Problems in regulating toxics under the Safe Drinking Water Act have also appeared. The Act requires the Administrator of the Environmental Protection Agency to prescribe national primary drinking water regulations to ensure that safe water is delivered to users of public water systems. These regulations must specify contaminants which, in the judgment of the Administrator, may have an adverse effect on human health. For each contaminant, the Administrator is required to set a "maximum contaminant level (nCL)" or the maximum permissible level of a contaminant in water. [See CR5 Issue Brief 7807a, Safe Drinking Water.) Proposed national interim primary drinking water standards were published on mar. 1a, 1975, and were finalized on Dec. 24, 1975, (40 F.R. 59565). In its uarch 1975 proposed regulations, EPA established nCLs for the total concentration of organic chemicals, and for various pesticides, including. chlorinated hydrocarbons and chlorophenoxys. Comments on the proposed regulations were numerous. Various additional organic compounds (including carbon tetrachloride) were recommended for inclusion. The total organic concentration limit was criticized on the grounds that the test method to determine the MCL had "many failings as an indicator of health effects of organic chemicals." when the final interim primary drinking water regulations were promulgated in December 1975, the MCLs for the total organic concentrations and for three chlorinated hydrocarbons were omitted. EPA cited the question about test methods as the reason for dropping the total organics HCL. EPA said it was deleting the three pesticides "in view of the pending cancellations and suspension proceedings under the Federal Insecticide, Fungicide, and Rodenticide Act." In a July 19, 1979, Federal Register notice, EPA proposed to modify the interim primary drinking water rules as they apply to small community public water systems, in particular with respect to monitoring requirements of the rules, and as they apply to noncommunity systems by providing added time for certain testing requirements (nu F.B. 422u6). On Nov. 29, 1979, EPA issued final regulations (44 FR 68820) to control organic chemical contaminants in drinking water. The regulations set a maximum contaminant level of 0.1 milligrams per liter for trihalomethanes and CRS- 6 IB77G71 UPDATE-O8/20/80 apply to all community water systems serving 10,000 persons or more. Compliance with the rules must be achieved within two years for sytems serving 75,000 persons or more, while those systems serving between 10,000 and 75,000 must achieve compliance within four years. In the final rules EPA deleted a provision that would have required use of granular activated carbon filters to deal with synthetic organic contamination in rivers used as drinking water sources and stated that the requirement would be reproposed later for additional public comment. An estimated 2,700 public water systems serving 167 million persons will be affected by the regulations. The American Water Works Association has filed a lawsuit challenging these rules. EPA issued final secondary drinking water standards July 19, 1979 (an F.R. 42195). They set aesthetic quality standards for chloride, color, copper, corrosivity, foaming agents, iron, and other compounds often found in idrinking water. The standards become effective Jan. 19, 1981, but compliance is voluntary and is not federally enforceable. In order to protect underground sources of drinking water from contamination, the SDWA requires EPA to publish regulations for State underground injection control programs. The regulations, proposed on Aug. .31, 1976, some 14 months late, focus on waste disposal and engineering wells, injection wells related to oil and gas production, and drainage wells; not covered by the proposed regulations are tens of thousands of "dry wells“ -- including industrial and municipal pits, ponds, and lagoons used for disposal in which the depth is less than the largest surface dimension.) The States have primary enforcement responsibility for protecting underground sources of drinking water. In response to more than H00 comments received, EPA revised its 1976 proposal and on Apr. 20, 1979, reproposed the rules for further public comment (40 E.B. 23738). Many elements of the program also were proposed by EPA on June 10, 1979, to be consolidated in a permitting process that will include the discharge permit .requirements of the FWPCA and hazardous waste disposal rules under RCRA (nu F.R. 34204). Qgg§n_Qggping_1gP§§A1; The Harine Protection, Research, and Sanctuaries Act (P.L. 92-532), commonly referred to as the “Ocean Dumping Act," adopts a policy of regulating the dumping of almost all types of materials into ocean waters, and preventing or strictly limiting the dumping of materials wwhich would "adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities." Title I of HPRSA contains the primary regulatory functions of the Act, with provisions for EPA permits for ocean dumping of nondredged waste materials, Corps of Engineers permits (with EPA veto authority) for dumping of dredged materials, and penalities for violations of permit conditions. All dumping is prohibited except that authorized by permit. 1 Regulations and criteria for reviewing and evaluating permit applications were published in October 1973, and substantially revised in January 1977. The revisions, based on operating experiences and new scientific data (and prodded by court suits and criticisms of existing policies) are designed to regulate ocean dumping on the basis of ecosystem impact, and they establish a Dec. 31, 1981, deadline ‘for ending any dumping not meeting EPA's environmental protection criteria. A key issue in the revision of the ocean dumping regulations has been dumping of sewage sludge, much of it containing excessive levels of toxic contaminants. The deadline in the revised regulations has been criticized both as permitting unacceptable dumping in the interim (especially the dumping by Camden, New Jersey, off the Delaware-Maryland coasts), and as being unattainable (in the case of New York CR3- 7 IB7707 UPDATE*O8/20/80 City, which dumps large amounts of sewage sludge in the New York Bight and which can ill-afford sludge disposal alternatives, all of which are more expensive and some of which also threaten to contaminate groundwater drinking supplies). 9 §§§A_agg_1§g§: Both the Resource Conservation and Recovery Act and the Toxic Substances Control Act, passed in late 1976, are too new for much experience in their applications to have been gained. Various regulations are just entering the proposal stages. Nevertheless, EPA already is being criticized for its plans. The Senate Subcommittee on Science, Technology and Space recently held hearings on expanding the TSCA authorizations, and environmental witnesses said EPA was being "unduly cautious" in implementing the Act. In addition, the agency has been sued by several environmental groups and an industry group for its failure to meet the statutory deadlines under RCRA for issuing regulations (gllingis v. gggtle, 12 E.R.C. 1597 [D.D.C., 1979]). Recently EPA informed the court that it probably would be unable to meet the revised deadline for rules to identify hazardous wastes, as well as generators and transporters of hazardous wastes, and owners of hazardous waste treatment, storage, and disposal facilities. ISSUES Problems with contamination have revealed several difficulties in current handling of toxics of water. ,e22rt;u9-auQ-m2u;t2r;n9 In the past, before problems of persistence, biomagnification and chronic toxicity were appreciated, a number of water contamination problems arose because hazards were unsuspected. For example, mercury was discharged into water because it was assumed harmless; PCBs were used for 30 years without anyone suspecting the hazard these persistent chemicals might pose in the environment; trichloroethylene (TCE) was widely used -- as an industrial solvent, dry cleaning compound, and septic tank additive -- with little understanding of the chemical's ability to leach into underground sources of drinking water Today, a wide array of statutes provide ways in which problems can be -- or at least should be -- identified and reported before extensive, irreversible harm occurs. Reporting occurs through the permit systems under the FWPCA and the Ocean Dumping Act. Problems can arise, however, in cases in which permits are violated, minor constituents of discharge streams are not separately evaluated, or controls prove inadequate to prevent hazards. For example, the levels of PCBs being discharged into the Hudson River in the early 1970s and which would have been allowed by the NPDES permit requested in 1973-197a, were grossly polluting the river. Kepone contamination in the James resulted from a breakdown of procedures by which the Hopewell, Virginia, sewage treatment facility discharge permit should have led to notification of State and Federal officials of the kepone inflow to the cility and the need for pretreatment. Finally, the Resource Conservation and Recovery Act establishes a manifest system by which hazardous waste materials are tracked from production through safe disposal; this program is not yet in force, however. cRs— 8 1377071 UPDATE-0“/20/so Various reporting requirements are imposed on several types of accidental discharge. The Hazardous Materials Transportation Act and the FWPCA require notification of accidents and spills of hazardous substances, but the reporting procedures of the latter are limited to the 299 designated chemicals. The Toxic Substances Control Act requires manufacturers or processors of chemicals to notify EPA of any evidence of harm resulting from the use or disposal of chemicals. However, a number of contamination problems may not be reported. Non-point sources of pollution, e.g., urban.and rural runoff, are not subject to permits but may contribute significantly to aquatic burdens of toxic materials. A Council on Environmental Quality study shows a moderate-sized city will discharge 100,000 to 250,000 pounds of lead and 6,000 to 30,000 pounds of mercury each year through storm water runoff. (Non-point sources may be subjected to identification under Section 208, areawide planning processes, of the PWPCA.) The 1976 Long Island sludge washup had no unique source and hence was reported only as fait accompli. The contamination of the Louisville sewers was discovered only after treatment plant workers became ill. It has recently been reported that the Ohio River Valley Water Sanitary Commission has designed an early warning system for pollutants such as carbon tetrachloride. Gas chromatography will be used to test daily water samples at 10 key sites for traces of organic substances. The system, which may begin operation within a year, will be able to identify a toxic pollutant and warn the public in 24 hours. If monitoring systems had been in operation on the Hudson or on the James, the PCB and kepone problems might well have been identified before they reached such serious proportions. Qleagun Unintended contamination of the nation's waters by toxic materials has resulted in substantial cleanup costs. In the case of PCBs, the New York Department of Environmental Conservation has planned a $6 million program, of which the General Electric Company (which discharged the PCBs into the Hudson) is contributing $3 million for cleanup and an additional $1 million for related research. The State of Alabama is seeking $100 million form cleanup of PCB pollution in the Coosa River and Lake Weiss (Alabama-Georgia). The actual costs of PCB cleanup are quite uncertain, however, because it is not known how or if it is even feasible to clean up PCB contaminated sediments. The kepone episode, which adversely affected a major regional fishing industry, has cost EPA some $2 million; total cleanup has been estimated to cost billions of dollars, and it appears technically and economically infeasible. In fact, statutory authority for cleanup has been limited, which is why State and local governments have so often had to bear the major responsibilities (e.g., PCB contamination in the Hudson River, the Long Island sludge washup). Section 115 of FWPCA has so far only been used for surveys. Section 311, which makes dischargers liable for costs on cleanup of listed hazardous chemicals, has been used in cases of oil spills and in the Dittmer, Missouri, episode (which involved contaminated waste oil) but has not yet been utilized with respect to toxics. Moreover, the necessity off listing each applicable chemical before the Section 311 revolving fund can be CBS“ 9 IB77G7? UPDATE-O8/20/80 tapped and cleanup of the discharges can be enforced is a serious gap -- as shown by the carbon tetrachloride incident. Similarly, EPA and the Coast Guard declined to use Section 311 to provide assistance in cleaning up Long Island beaches after the sludge washup, because oil was a minor constitutent and sludge was not a designated hazardous substance. It has recently been suggested that EPA be able to designate any substance hazardous if a spill occurs that threatens waters, so cleanup under Section 311 could proceed. Coordination Problems of coordination have delayed responses to some contamination episodes. Failures to communicate among local, State, and Federal officials delayed recognition of the significance of the kepone incident. The respective responsibilities of the Coast Guard, EPA, and State and local officials to deal with the Long Island sludge washup was confused, with the Coast Guard saying it was not responsible because the material was not primarily oil, EPA saying it was not responsible because sludge could not be defined as a hazardous substance; the New York State Department of Conservation assumed the lead role in cleanup. On PCBs in the Hudson, EPA was permitting dumping despite a study showing that excessive residues were resulting; the State took immediate action to stop the PCB discharges once it saw the data. The carbon tetrachloride episode revealed breakdowns in communications within EPA r- between R8D activities and enforcement groups and among regions, and in notification procedures of States by EPA of hazards. ’ ;iabiliti§§_ang_g9mgensation No present Federal law providesi for liability for economic damages resulting from contamination by toxics. Thus, those adversely affected by contamination - fishermen on the James and Hudson Rivers, communities having to specially treat drinking water while Louisville discharged raw sewage -- can only seek redress through the courts. Various proposals for Federal assistance to victims and to create a Federal cause of action for damages have been made (see Issue Brief IB77019: "Toxic Substances Contamination: Compensation and Indemnities"). LEGISLATIVE SITUATION Recent contamination episodes show that problems exist with current statutory controls -- or, at least, with their implementation. It should be remembered, however, that the major authorities were only recently enacted, _ data have been lacking, and resources limited: consequently, the issue of implementation is perhaps less one of the occurrence of problems than of whether procedures are developing which will reduce the likelihood of future episodes and, when they do occur, will permit expeditious handling of them. In the 96th Congress, a number of bills have been proposed on issues of 1 spill and hazardous substances compensation and liability. Legislation in this area died in the last Congress. President Carter urged enactment of such a proposal in his Aug. 2, 1979, environmental message. ICES-10 8 1377071 HPDAT-08/20/80 The current legislative proposals would create funds to deal with spills, both by providing cleanup and assuring speedy compensation for damages whether or not a spiller is identified and found liable. One of the issues to be resolved is whether such a proposal might pertain to oil spills only (H.R. 29, H.R. 85, H.R. 3441, S. 684 and S. 953), to hazardous chemicals only (5. 1480, H.R. 5290, H.R. 5790, H.R. 7020), or would include both oil spills and hazardous substances (H.R. 4571 and the Administration's proposals, H.R. 4566 and S. 1341). Problems resulting from hazardous waste disposal sites, either active or abandoned, are addressed in several current proposals (H.R. 3797, H.R. 4548, H.R. 5290, H.R. 5291, H.R. 5617, H.R. 6931, and S. 1046). Some of the bills concerned with spills, as discussed above, also deal with hazardous waste sites (H.R. 4566, H.R. 4571, S. 1341, S. 1480, and H.R. 7020). [Also see CRS Issue Brief 77808, Oil Spill Liability and Compensation, and 77019, Toxic Substances Contamination: Compensation and Indemnities.] The House Committee on Herchant Marine and Fisheries approved one of the bills, H.R. 85, on May 9 (H.Rept. 96-172, Part 1). The House Committee on Public Works and Transportation received joint referral of this bill, and the committee reported it on May 16, 1980, combining oil and hazardous substances in the liability and compensation scheme (H.Rept. 96-172, Part 2). House Interstate and Foreign Commerce Committee approved H.R. 7020, with a $600 million fund for hazardous waste cleanup on May 14, 1980 (H.Rept. 96-1016, Part 1). The House Ways and Means Committee also has considered H.R. 85 and H.R. 7020, in terms of the tax aspects of these bills. The Committee held a hearing on the measures on June 2, 1980; held three days of markup on each; and reported H.R. 85, with amendments, on June 13 and H-R. 7020, with amendments, on June 18. The Senate Subcommittee on Environmental Pollution of the Committee on Environment and Public Works held hearings on S- 1341 and S. 1480 in June and July. An amended version of S. 1480 is being considered by the full Committee in markup ysessions, following approval by the Environmental Pollution and Resource Conservation Subcommittees. Preventing environmental contamination by toxics was established as a "primary objective“ by President Carter in his may 23, 1977, ienvironmental message. Re instructed the Council on Environmental Quality "to develop an interagency program (1) to eliminate overlaps and fill gaps in the collection of data on toxic chemicals, and (2) to coordinate Federal research and regulatory activities affecting them." Also, Carter directed EPA to focus on toxic problems under the FWPCA and SDWA. Progress is being made on several fronts: A major step in implementing Section 307(a) of the FWPCA was taken in the "Flannery settlement" by which EPA is on a rigorous schedule of reviewing toxic effluents. In his 1978 environmental message, Carter instructed EPA "to give its highest priority to developing 1983-best-available-technology industrial effluent standards which will control toxic pollutants“ under FWPCA, and said further that he would seek amendments to the Act, including revision of Section 307(a), to permit the Agency "to move more decisively against the discharge of chemicals potentially injurious to human health." Amendments to the FHPCA were signed into law on Dec. 27, 1977 (P.L. 95-217). These substantive amendments focus future water pollution control efforts on toxic pollutants. In addition, P.L. 95-576 was enacted to give a "quick fix” to the Section 311 oil spill liability program for which regulations had been enjoined. cRs=11 1377071 UPDATE-G8/20/80 Besides the revisions of Section 307(a) already discussed, P.L. 95-217 gives EPA authority to prescribe best management practices, revises the pretreatment requirements, and provides greater authority for the use of the section 311 revolving fund to clean up or to prevent pollution incidents. Finally, the amendments establish a $10 million emergency fund for dealing with spills of toxics, requires EPA to establish a contingency plan, and sets up a Chemical Emergencies Response Team. curtailment of ocean dumping of toxic industrial wastes is proceeding deliberately, although concern still exists about controlling ocean dumping of sludge. EPA regulations anticipate phasing out ocean dumping of sludge at the end of 1981. Concern about this problem resulted in an amendment to H.R. #297 extending funding for the Ocean Dumping Act, to make mandatory the 1981 deadline for phasing out ocean dumping of sewage sludge. This was enacted as P.L. 95-153. However, certain States --— particularly New York - are pressing Congress to extend the 1981 deadline. Concern has been expressed recently that bioassay testing requirements of dredged spoils, which are necessary before ocean dumping can be permitted, are slowing dredging operations in New York and Connecticut harbors so much that the waterways may soon become blocked. H.R. 6361 would suspend the testing rules until a study could examine the validity of the requirements. Questions about implementation of the SDWA have also been raised. Recent but limited studies have suggested a relationship between organics in drinking water and cancer rates. On Apr. 29, 1977, Kenneth Cantor of the National Institutes of Health said that existing data, despite uncertainties, justified regulatory action. In his environmental message, Carter directed EPA "to set standards...which will limit human exposure to toxict substances in drinking water, beginning with potential carcinogens.“ EPA's groundwater protection regulations have also been criticized, in part because the exclusion of pits and lagoons means that waste pits like the Dittmer, Missouri, one are not subject to control. The major gaps which many perceive in the control of water pollution by toxic substances are sludge regulation and groundwater protection. The former is to some extent filled by provisions of the RCRA, which defines "sludge" as a solid waste, and hence, to the extent sludge contains toxic contaminants, it may be controlled under the hazardous waste management subtitle of that Act. Regulations were due April 1978. Proposals to deal with sludge disposal include H.R. 290. While groundwater protection is addressed in the SDWA, the adequacy of controls is uncertain. Like the RCRA, the Toxic Substances Control Act is in the early stages of implementation and will be subjected to close oversight. In the 95th Congress, legislation amending the Act to increase its level of funding and to provide compensation passed the Senate (S. 1531), but died when the House adjourned before taking final action. However, a provision establishing a chemical emergency response team -— originally Title II to S. 1531 -— was enacted as an amendment to the Clean Water Act of 1977 (P.L. 95-217). LEGISLATION Amends the National Ocean Pollution Research and Development and Monitoring Planning Act of 1978 to authorize appropriations to carry out the CRS=12 IB77G71‘ UPDATE—G3/20/80 provisions of such Act for FY80. Signed into law (P.L. 96-17) June 4, 1979. P.L. 96-63 (5. 1145) Amends the Safe Drinking Water Act to extend the authorizations for appropriations under such Act through FY82. Signed into law (P.L. 96-63) Sept. 6, 1979. H.R. 29 (Studds et al.) Establishes a fund for the purpose of paying for otherwise uncompensated losses resulting from oil pollution. Imposes, within certain monetary limits, joint, several, and strict liability on the owners and operators of each pollution source. Requires petroleum facilities and certain vessels to maintain evidence of financial responsibility in an amount equal to applicable liability limits. Sets forth procedures for identifying and publicizing pollution sources. Introduced Jan. 15, 1979; referred to more than one committee. [See also H.R. 85, H.R. 3441, S. 684, and S. 953.] gH.R. 85 (Biaggi et al.) Establishes a fund for the purpose of paying for otherwise uncompensated losses resulting from oil pollution. Inposes, within certain monetary limits, joint, several, and strict liability on the owners and operators of each pollution source. Requires petroleum facilities and certain vessels to maintain evidence of financial responsibility in an amount equal to applicable liability limits. Sets forth procedures for identifying and publicizing pollution sources. Introduced Jan. 15, 1979; referred to more than one committee. Reported to House from the Committee on Merchant Marine and Fisheries with amendment (H.Rept. 96-172, Part 1) May 15, 1979. Reported to House from Committee on Public Works and Transportation May 16, 1980 (H.Rept. 96-172, Part 2). [See also H.R. 29, H.R. 3441, S. 684, and S. 953.] H.R. 290 (Drinan et al.) Directs the Administrator of the Environmental Protection Agency to establish research and demonstration programs for the control of sludge. Authorizes financial assistance for sludge removal programs. Introduced Jan. 15, 1979; referred to the Committee on Public Works and Transportation. H.R. 1049 (LaFalce et al.) Establishes a system for the compensation of victims of toxic substance pollution to be administered by the Toxic Pollution Compensation Agency, a new, independent office of the Environmental Protection Agency. Introduced Jan. 18, 1979; referred to more than one committee. [See also H.R. 5074 and S. 1325.] H.R. 1518 (Lehman) Amends the Federal Water Pollution Control Act to increase the penalties for discharging oil and hazardous substances. Introduced Jan. 25, 1979; CRS~13 IB77071 UPDATE-03/20/80 referred to the Committee on Public Works and Transportation. H.R. 2606 (Scheuer) Amends the Toxic Substance Control Act to extend the authorization of appropriations through FY80. Introduced Mar. 3, 1979; referred to the Committee on Interstate and Foreign Commerce. Reported to House (H.Rept. 96-174) June 21, 1979. H.B. 3441 (Murphy, J., by reg.) Establishes a fund for the purpose of paying for otherwise uncompensatedw losses resulting from oil pollution. Imposes, within certain monetary limits, joint, several, and strict liability on the owners and operators of each pollution source. Requires petroleum facilities and certain vessels to maintain evidence of financial responsibility in an amount equal to applicable liability limits. Sets forth procedures for identifying and publicizing pollution sources. Introduced Apr. 4, 1979; referred to more than one committee. [Identical to S. 953. See also H.R. 29, H.R. 85, and S. 684.] H.R. 3797 (LaFalce) Amends the Solid waste Disposal Act to direct the administrator of the Environmental Protection Agency to establish a program to identify and monitor abandoned hazardous waste sites. Creates a federal cause of action for damages for any person physically injured by the negligent handling of hazardous waste. Establishes within the Environmental Protection Agency the Environmental Victims Compensation Board to administer a program of ompensation for victims of hazardous waste. Establishes a fund for the maintenance and reclamation of hazardous waste sites and for the payment of compensation for hazardous waste injury victims. Introduced Apr. 30, 1979; referred to the Committee on Interstate and Foreign Commerce. [Identical to S. 1046. See also H.R. 4548, H.R. 5074, H.R. 5290, H.R. 5291, H.R. 5790, H.R. 6931, H.R. 7020, S. 1046, and S. 1480.] H.R. 4075 (Natcher) Amends the Federal Water Pollution Control Act to require that a discharge of oil or any other hazardous substance into the waters of the United States be knowing and willful in order to find liability under such Act. Establishes certain defenses which will avert such liability. Introduced May 14, 1979; referred to the Committee on Public Works and Transportation. H.R. 4548 (Grassley, et al.) A bill to amend the Solid Waste Disposal Act to impose fees on generators of hazardous waste to finance removal of any substantial endangerment to life presented by hazardous waste at inactive facilities, to require notification A with respect to hazardous waste which presents such endangerment at such facilities, to authorize,the administrator of the Environmental Protection T Agency to remove such endangerment, and for other purposes. Introduced June 20, 1979; referred to the Committee on Interstate and Foreign Commerce. [See also H.R. 3797, H.R. 5074, H.R. 5290, H.R. 5291, H.R. 5790, H.R. 6931, H.R. ' 20, S. 1046, and S. 1480.] H.R. 4566 (Johnson, H., by req., et al.) CBS-14 IB77071 UPDfiTE*08/20/80 Amends the Federal Water Pollution Control Act, as amended, and the Solid Waste Disposal Act, as amended, to provide a system of response, liability, and compensation for releases of oil, hazardous substances, and hazardous wastes, to establish a response and liability fund, and for other purposes. Introduced June 21, 1979; referred to more than one committee. [Identical to S. 1341. See also H.R. 4571.] ' H.R. 4571 (staggers, by req., et al.) Provides a system of response, liability, and compensation for releases of oil, hazardous substances, and hazardous wastes, to establish a response and liability fund, and for other purposes. Introduced June 21, 1979; referred to more than one committee. [See also H.R. 4566, and S. 1341.] H.R. 5074 (Brodhead) A bill to establish a compensation system for victims of toxic substance pollution. Introduced Aug. 2, 1979; referred to more than one [See also H.R. 3797, H.R. 4548, H.R. 5290, H.R. 5291, S. 1046, and S. 1480.] H.R. 5290 (LaFa1ce) Provides for liability, compensation, cleanup, and emergency response for hazardous substances released into the environment and the cleanup of inactive hazardous waste disposal sites. Introduced Sept. 14, 1979; referred to more than one committee. [See also H.R. 3797, H.R. 4548, H.R. 5074, H.R. 5291, H.R. 5790, H.R. 6931, H.R. 7020, S. 1046, and S. 1480.] ' H.R. 5291 (LaFalce) Amends the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to establish a program for the identification and reclamation of abandoned hazardous waste sites, to establish a fund to be used for the reclamation of hazardous waste sites and for the compensation of persons and property injured by toxic pollutants, to provide a Federal cause of action for damages caused by toxic pollutants, and for other purposes. Introduced Sept. 14, 1979; referred to more than one committee. [See also H.R. 3797, H.R. 4548, H.R. 5074, H.R. 5290, H.R. 5790, H.R. 7020, H.R. 6931, S. 1046, and S. 1480.] H;R. 5617 (Findley) Establishes certain priorities in the disposal or treatment of hazardous waste. Establishes procedures for compensation, cleanup, emergency response, and establishment of liability for discharges of hazardous substances released into the environment. Introduced Oct. 17, 1979; referred to more than one committee. H.R. 5790 (Florio et al.) Amends the Solid Waste Disposal Act to provide authority to respond to releases of hazardous waste which are presently unregulated at the Federal level and which endanger public health and the environment. Establishes a Hazardous Waste Response Fund to be funded by a system of fees. Establishes prohibitions and requirements concerning certain unregulated releases of hazardous waste. Provides for liability of persons responsible for releases of hazardous waste. Introduced Nov. 2, 1979; referred to Committee on Interstate and Foreign Commerce. [See also H.R. 3797, H.R. 4548, H.R. 5074, CRS=15 IB77071 UPDATE~O8/20/80 H.R. 5290, H.R. 5291, H.R. 7020, S. 1046, and S. 1480.] H.R. 6361 (Peyser et al.) Amends the Ocean Dumping Act to suspend bioaccumulation and biomagnification testing in evaluating permit applications for ocean dumping pending completion and submission to Congress of a study examining the validity of such testing. Introduced Jan. 30, 1980; referred to Committee on Merchant Marine and Fisheries. H.R. 5931 (Eckhardt) Amends the solid Waste Disposal Act to provide for the creation of an inventory of hazardous waste sites; clean up dangerous inactive sites; provide for management of inactive sites; and provide for compensation and liability for injuries caused by hazardous wastes. Introduced Mar. 26, 1980; referred to Committee on Energy and Commerce. [See also H.R. 3797, H.R. 4548, H.R. 5290, H.R. 5291, H.R. 5790, H.R. 7020, S. 1046 and S. 1480.] H.R. 7020 (Florio) Amends the Solid waste Disposal Act to establish a hazardous waste response program including State and Federal inventories, priorities, and monitoring of inactive sites. Authorizes the Administrator of the « Environmental Protection Administration to take emergency response actions to releases, or threatened releases, of hazardous waste which endanger the public health or the environment. Establishes a Hazardous Waste Response Fund, including funds authorized to be appropriated and fees, penalties, damages, and reimbursements assessed under this Act. Introduced Apr. 2, 980; referred to Committee on Interstate and Foreign Commerce. Reported May 16, 1980 (H.Bept. 96-1016, Part 1). [See also H.R. 3797, H.R. 4548, H.R. 5290, H.R. 5291, H.R. 5790, S. 1046, and S. 1480.] S. 684 (nagnuson) Makes the owner and operator of a vessel (other than a public vessel) liable for all damages, cleanup costs, and interests resulting from a discharge of oil from such vessel. Establishes an Oil Cargo Liability Fund made up of fees and amounts received from subrogated actions. Sets forth the procedures to be followed in filing and pursuing a claim under this Act. Amends the Outer Continental Shelf Lands Act Amendments of 1978, the Intervention on the High Seas Act, the Deepwater Port Act of 1974, and the Trans—Alaska Pipeline Authorization Act to provide for coverage under this Act. Introduced Mar. 15, 1979; referred to more than one committee. [See also H.R. 29, H.R. 85, H.R. 3441, and S. 953.] S. 953 (Cannon, by reg.) Establishes a fund for the purpose of paying for otherwise uncompensated 1 losses resulting from oil pollution. Imposes, within certain monetary limits, joint, several, and strict liability on the owners and operators of each pollution source. Requires petroleum facilities and certain vessels to I maintain evidence of financial responsibility in an amount equal to applicable liability limits. Sets forth procedures for identifying and blicizing pollution sources. Introduced Apr. 10, 1979; referred to more than one committee. [Identical to H.R. 3441. See also H.R. 29, H.R. 85, and S. 684.] CRS~16 IB77071 UPDATE-O8/20/80 S. 1046 (Moynihan, et al.) Amends the Solid Waste Disposal Act to direct the administrator of ~the Environmental Protection Agency to establish a program to identify and monitor abandoned hazardous waste sites. Creates a federal cause of action for damages for any person physically injured by the negligent handling of hazardous waste. Establishes within the Environmental Protection Agency the Environmental Victims Compensation Board to administer a program of compensation for victims of hazardous waste. Establishes a fund for the maintenance and reclamation of hazardous waste sites and for the payment of compensation for hazardous waste injury victims. Introduced Apr. 30, 1979; I referred to the Committee on Environment and Public Works. [Identical to H.R. 3797. See also H.R. 4548, H.R. 5290, H.R. 5291, H.R. S790, H.R. 6931, and S. 1480.] I S. 1147 (Muskie) Amends the Toxic Substances Control Act to extend the authorization of appropriations through FY82. Introduced May 15, 1979; referred to the Committee on Environment and Public works. Passed Senate, May 22, 1979. 1 S. 1148 (nuskie) Amends the Marine Protection, Research, and Sanctuaries Act to authorize appropriations through FY82 for the regulation of ocean dumping and the regulation of transportation of materials to be dumped. Authorizes the Administrator of the Environmental Protection Agency to conduct a study on methods for removal of heavy metals and toxic organic materials from the sewage sludge of the city of New York. Introduced May 15, 1979; referred to the Committee on Environment and Public Works. Passed Senate, June 6, 1979. S. 1325 (Randolph) Establishes a system for determining liability and awarding compensation for claims arising from discharges from hazardous waste management facilities. Establishes a Hazardous Waste Post-Closure Liability Fund to be constituted from annual nationally uniform premiums collected from operators of such facilities. Introduced June 12, 1979; referred to the Committee on Environment and Public Works. [See also H.R. 1049 and H.R. 5074.) S. 1341 (Culver, by reg., et al.) Amends the Federal Water Pollution Control Act, as amended, and the solid Waste Disposal Act, as amended, to provide a system of response, liability, and compensation for releases of oil, hazardous substances, and hazardous wastes, to establish a response and liability fund, and for other purposes. Introduced June 14, 1979; referred to the Committee on Environment and Public Works. [Identical to H.R. 4566. See also H.R. 4571.] S. 1480 (Culver et al.) Provides for liability, compensation, cleanup, and emergency response for hazardous substances released into the environment and the cleanup of inactive hazardous waste disposal sites. Introduced July 11, 1979; referred to the Committee on Environment and Public Works. [See also H.R. 3797, H.R. 4548, H.R. 5290, H.R. 5291, H.R. 5790, H.R. 6931, and S. 1046.] 4 CBS-17 IB77071 UPDATB=O8/20/80 0.S. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Consumer Protection and Finance. Toxic Substances Control Act amendments. Hearings, 95th Congress, 2d session, on H.R. 9616, S. 1531. Washington, 0.S. Govt. Print. Off., 1978. #02 p. I Hearings held Mar. 7...July 25, 1978. “Serial no. 95-150" 0.S. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Oversight and Investigations. Carbon tetrachloride contamination of public drinking water. Hearing, 95th Congress, 1st session. Apr. 13, 1977. Washington, 0.S. Govt. Print. Off., 1977. 203 p. "Serial no. 95-29" ---- Oversight--Resource Conservation and Recovery Act. Hearing, 95th Congress, 2d session. Oct. 30, 1978. Washington, 0.S. Govt. Print. Off., 1978. 48h p. "Serial no. 95-183” ---- Hazardous waste disposal. Part 1. Hearings, 96th Congress, 1st session. Washington, 0.S. Govt. Print. Off., 1979. 1030 p. "Serial no. 96-H8" Hearings held Mar. 21-June 19, 1979. ---*- Hazardous waste disposal. Part 2. Hearings, 96th Congress, 1st session. Washington, 0.S. Govt. Print. Off., 1979: 1031-1930. "Serial no. 96-09" Hearings held Mar. 21-June 19, 1979. 0.S. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Transportation and Commerce. Resource Conservation and Recovery Act--oversight. Hearings, 95th Congress, 2d session. Mar. 7-9, 1978. Washington, 0.5. Print. Off., 1978. 276 p. "Serial no. 95-12a" ----- Superfund. Hearings, 96th Congress, 1st session, on H.R. 4571, H.R. H566, and H.R. 5290 bills to amend the Federal Water Pollution Control Act, as amended, and the Solid Waste Disposal Act, as amended, to provide a system of response, liability, and compensation for releases of oil, hazardous substances, and hazardous 'wastes, to establish a response and liability fund, and for other purposes. Washington, 0.S. Govt. Print. Off., 1980. 693 p. Hearings held June 19-Oct. 11, 1979. "Serial 96-110“ ‘ 0.S. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Coast Guard and Navigation. Oil and hazardous substances liability. Hearings, 96th Congress, 1st session, on oil pollution liability (H.R. 29, H.R. 85) Mar. 13, 1979 (and) CRS—18 W IB77071 UPDATE-O8/20/80 marine transportation of hazardous substances July 31, Sept. 13, 1979. Washington, U.S. Govt. Print. Off., 1979. R23 p. "Serial no. 96-16" U.S. Congress. House. Committee on Public Works and Transportation. Subcommittee on Investigations and Review. Implementation of the Federal Water Pollution Control Act (regulation and monitoring of toxic and hazardous chemicals). Hearings, 95th Congress, 1st session. Washington, U.S. Govt. Print. Off., 1978. 842 p. II II Hearings held July 19-21, and 27-28, 1977. 0.5. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Environmental Pollution. To establish a comprehensive oil pollution liability and compensation law. Hearings, 95th Congress, 2d session, on S. 2900. Washington, 0.5. Govt. Print. Off., 1978. 830 p. Hearings held Apr. 17-18 and May 20, 1978. "Serial no. 95-H55" ---- Safe Drinking Water Act oversight. Hearing, 95th Congress, 2d session. July 18, 1978. Washington, U.S. Govt., 1978. 356 p. "Serial no. 95-H70" ----- Toxic Substances Control Act oversight. Hearings, 95th Congress, 2d session. July 20-21, 1978. Washington, U.S. Govt. Print. Off., 1978. 171 p. "Serial no. 95-H69" ---- A proposal to amend section 311 of the Clean Water Act of 1977. Hearing, 95th Congress, 2d session- Oct. 5, 1978. Washington, 0.5. Govt. Print. Off., 1978. 39 p. "Serial no. 95-H77" ----- Reauthorization of the Toxic Substances Control Act, Safe Drinking Water Act, and the Marine Protection, Research, and sanctuaries Act. Hearing, 96th Contress, 1st session. Mar. 19, 1979. Washington, U.S. Govt. Print. Off., 1979. 107 p. "Serial no. 96-H10" ---- Hazardous and toxic waste disposal. Joint hearings, 96th Congress, 1st session. Part 1. Mar. 28-29, 1979. Washington, U.S. Govt. Print. Off., 1979. 381 p. "Serial no. 96-H9“ ---- Hazardous and toxic waste disposal field joint hearings. 96th Congress, 1st session. Part 2. Washington, U.S. Govt. Print. Off., 1979. 390 p. "Serial no. 96-H9" {H Joint hearings held in Niagara Falls, N.Y., May 18, 1979; San Francisco, June 29. ----- Hazardous and toxic waste disposal field joint hearings. 96th Congress, 1st session. Part 3. Washington, U.S. Govt. Print. Off., 1979. 94 p. "Serial no. 96-H9" CRS—19 IB77071 UPDATE-G8/20/80 Hearings held in Charles City, Iowa, June 22, 1979. ---- Hazardous and toxic waste disposal field joint hearings. 96th Congress, 1st session. Part 4. Washington, 0.5. Govt. Print. Off., 1979. 854 p. "Serial no. 96-H9" Hearings held June 20—Sept. 7, 1979. 0.5. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Resource Protection. Reauthorization of the Resource Conservation and Recovery Act. Hearings, 96th Congress, 1st session. Mar. 22-23, 1979. Washington, 0.5. Govt. Print. Off., 1979. #13 p. "Serial no. 96-H6" REPORTS AND CONGRESSIONAL DOCUMENTS 0.5. Congress. House. Committee on Interstate and Foreign Commerce. Authorization for Toxic Substances Control Act; report together with minority views to accompany H.R. 12uu1, including cost estimate of the Congressional Budget Office. Washington, 0.5. Govt. Print. Off., 1978. 15 p. (95th Congress, 2d session. House. Report no. 95-1163) ----- Toxic Substances Control Act authorization; report together with minority and additional views to accompany H.R. 2606, including cost estimate of the Congressional Budget Office. Washington, 0.5. Govt. Print. Off., 1979. 19 p. (96th Congress, 1st session. House. Report no. 96-170) ----- Safe Drinking Water Act authorizations; report together with minority views to accompany H.R. 3509, including cost estimate of the Congressional Budget Office. Washington, 0.5. Govt. Print. Off., 1979. 14 p. (96th Congress, 1st session. House. Report no. 96-186) ---- Resource Conservation and Recovery Act amendments of 1979; report to accompany H.R. 399a, including cost estimate of the Congressional Budget Office. Washington, 0.5. Govt. Print. Off., 1979. 29 p. (96th Congress, 1st session. House. Report no. 96-191) 0.5. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Oversight and Investigations. Hazardous waste disposal: report together with additional and separate views. Washington, 0.5. Govt. Print. Off., 1979. 82 p. At head of title: 96th Congress, 1st session. Committee print 96—AFC 31. Waste disposal site survey; report together with additional and separate views by the Subcommittee on Oversight and Investigations of the Committee on Interstate and_Foreign Commerce. Washington, 0.5. Govt. Print. Off., 1979. 087 p. At head of title: 96th Congress, 1st session. Committee print 96—IFC 33. I 0.5. Congress. House. Committee on Merchant Marine and Fisheries. cns-20 1377071 UPDATE-08/20/80 Marine Protection, Research, and Sanctuaries Act authorization; report together with supplemental views to accompany H.R. 2519, including cost estimate of the Congressional Budget Office. Washington, 0.5. Govt. Print. Off. 1979. 27 p. (96th Congress, 1st session. House. Report 96-112, part 2) 0.5. Congress. House. Committee on Public Works and Transportation. Comprehensive Oil Pollution Liability and Compensation Act, report together with additional views to accompany H.R. 85, including cost estimate of the Congressional Budget Office. Washington, 0.5. Govt. Print. Off., 1980. 61 p. (96th Congress, 2d session. House. Report no. 96-172, part 2) 1 0.5. Congress. House. Committee on Public Works and Transportation. Subcommittee on Investigations and Review. Implementation of the Federal Water Pollution Control.Act; summary of hearings held July 19-21 and 28-29, 1977, on the regulation and monitoring of toxic and hazardous chemicals under the Federal.Water Pollution Control Act (P.L. 92-500). Prepared by the Environment and Natural Resources Policy Division, Congressional Research Service, 0.5. Library of Congress. Washington, 0.5- Govt. Print. Off., 1977. 40 p. (95-25) At head of title: 95th Congress, 1st session. Committee print. ‘ 0.5. Congress. Senate. Committee on Environment and Public Works. The Clean Water Act, showing changes made by the 1977 amendments and the 1978 amendments to sections 104 and 311. Washington, 0.5. Govt. Print. Off., 1979. Washington, 0.5. Govt. Print. Off-, 1979. 126 p. At head of title: 96th Congress, 1st session. Committee print. "Serial no. 96-1" Toxic Substances Control Act extensions; report to accompany 5. 1147. Washington, 0.5. Govt. Print. Off., 1979. 7 p. (96th Congress, 1st session. Senate. Report no. 96-162) 0.5. Library of Congress. Environmental and Natural Resources Policy Division. Resource losses from surface water, groundwater, and atmospheric contamination: a catalog; a report...of the Library of Congress for the Committee on Environment and Public Works, 0.5. Senate at the request of Senator Edmund 5. Muskie. Washington, 0.5. Govt. Print. Off., 1980. 2H6 p. "Serial no. 96-9" At head of title: 96th Congress, 2d session. Committee print. 0.5. President, 1977- (Carter). Environmental protection. Message transmitting proposals for dealing with a variety of environmental issues. Washington, 0.5. Govt. Print. Off., 1977. 21 p. (95th Congress, 1st session. House. Document no. 95-160) Message dated May 23, 1977. O9/1Q/79 07/25/79 06/20/79 on/2o/79 03/23/79 03/15/79 02/16/79 10/1H/78 08/07/78 08/04/78 12/17/77 10/31/77 08/00/77 07/28/77 07/19/77 CBS*21 IB77071 UPDATE-08/20/80 QEBQLIQLQQX Q1’; EV1-"$32.5. -- Han convicted of dumping HCP and OCTA toxic chemicals into Louisville's sewer system was sentenced to two years in prison and fined $50,000. This was the first case of criminal charges being brought for polluting a waterway. -- EPA issued water quality criteria for 26 more toxic pollutants under the "Flannery settlement" of FWPCA. - 01/21/79 - Senate Environment and Public Works Committee held hearings on "Superfund" legislation to provide comprehensive program of oil and hazardous substance liability and compensation. —- EPA reproposed regulations for protecting underground sources of drinking water. - 03/29/79 - Senate Environment and Public Works Committee held hearings on hazardous and toxic waste disposal. EPA issued draft water quality criteria for initial 27 (of 65) toxic pollutants under the "Flannery settlement." EPA designated 299 hazardous substances under Section 311 of the EWPCA and proposed new spill reporting requirements. Congress passed amendments to Section 311 to facilitate issuance of regulations. Hazard posed by the Love Canal Chemical Waste Landfill at Niagara Falls, H.Y., declared a Federal disaster emergency under P.L. 93-288; Federal funds for assistance thereby made available. Enforcement of EPA's hazardous spills regulations implementing Section 311, FWPCA, permanently enjoined. H.R. 3199 signed into law (P.L. 95-217). Senate passed 5. 1531; although the provision for a chemical emergency response team is deleted, a statement on the floor indicates a similar provision is being added in conference to the Clean Water Act of 1977 (H.R. 3199). Senate passed H.R. 3199, amended, in lieu of S. 1952. Senate Committee on Environment and Public Works reported S. 1952, amending FWPCA to revise Section 307(a), dealing with toxics. House select Committee on Investigations and Review, 06/06/77 05/23/77 05/16/77 on/oo/77 03/29/77 03/09/77 02/00/77 09/26/76 06/00/76 0M/00/76 02/25/76 12/30/75 12/2n/75 12/18/75 RS-22 IB77071 UPDATE-08/20/80 of the Committee on Public Works and Transportation, began hearings on the regulation and monitoring of toxic and hazardous chemicals under FWPCA. Virginia Governor Godwin closed the South River below Waynesboro and the entire South Fork of the Shenandoah River to fishing because of mercury contamination. President Carter's environmental message stressed need to prevent toxic contamination problems. Senate Committee on Commerce, Science, and Transportation reported 5. 1531, which would create a chemical emergency response team. Contaminated waste oil in pit near Dittmer, Missouri discovered polluting waters; Section 311 of FWPCA invoked. Illness among workers at Louisville, Kentucky wastewater treatment plant revealed serious contamination problem; EPA authorized $3 million assistance. U.S. District Court for Southern District of West Virginia issued restraining order under emergency powers sections of the FWPCA and SDWA to prohibit discharges of carbon tetrachloride by FHC; this marked the first use of these emergency powers. ' Monitoring revealed high levels of carbon tetrachloride in Ohio River; chemical was A not included on the hazardous substances list of 300 under Section 311 of FWPCA. Carbon tetrachloride discovered in Huntington, west Virginia drinking water supplies. Some 70 miles of Long Island beaches closed because of sludge washup; Section 311 of FRPCA adjudged not applicable. "Flannery settlement" established program for implementing Section 307(a) of FWPCA, regulating toxic substances. Hudson River closed to most commercial fishing because of PCB contamination. Proposed regulations implementing Section 311 of FRPCA published. 3 - EPA published Final Interim Primary Drinking Water Standards. James River closed to commercial fishing because CRS=23 'IB77071 UPDATEvG8/20/80 of kepone contamination. O8/O0/75 —- PCB contamination of Hudson River revealed. O7/00/75 —— Illness among workers at Life Sciences Products Co., Hopewell, Virginia,.led to monitoring of James River and discovery of kepone contamination problem. 1.3.1.3.I.TIQ.1!A.1.-_.Ri§.E.!§l7.(E§..50Q1i§E§ Barrett, Bruce R. Controlling the entrance of toxic pollutants into U.S. waters. Environmental Science and Technology, v. 12. February 1978: 154-162. Becker, H.S. Difficulties in regulating toxic substances: a case study from the Federal Water Pollution Control Act; in Congressional Research Service, effects of chronic exposure to low—level pollutants in the environment, prepared for the Subcommittee on the Environment and the Atmosphere, Committee on Science and Technology, U.S. House of Representatives (9uth Congress, 1st session). Serial 0: 365-377. Boyle, Robert H., and Joseph H. Highland. The Persistence of PCB's. Environment, v. 12, June 1979: 6-13, 37-38. Brown, Michael H. Love Canal and the poisoning of America. Atlantic, v. 244, Dec. 1979: 33-HO, 42-M7. - Carter, L.J. Chemical plants leave unexpected legacy for two Virginia rivers. Science. v. 198. Dec. 9, 1977: 1015-1020. Emergencies resurrect FWPCA hazardous substances spill regulations. Pesticide and toxic chemical news. Apr. 27, 1977: 18-16. Frankel, Glenn. The tragedy of TOSCA: chemical poisoning the EPA can't control. Washington monthly, v. 11, July-Aug. 1979: H2-45. U.s. General Accounting Office. How to dispose of hazardous waste--a serious question that needs to be resolved; report to the Congress by the Comptroller General of the United States. Dec. 19, 1978. Washington 1978. 28 p. (CED-79-13) Hitch, John 8., Jr. Protecting public health from toxic chemicals. Environmental Science 8 Technology, v. 13, Aug. 1970: 922-926. Ward, P.S. Toxic pollutants control: progress at last. Journal of the water pollution control federation. v. 49, no. 1. January 1977: 6-9. Wright, Lawrence. Troubled waters. New times. May 13, 1977: 27-Q3. A VLIBRAEW ” OF NIVASHINGTON {UNIVERSITY WET; '-QLJ&!$. - M0- #4;