Senator MUSKIE. Are you in effect also head of the Environmental Health Division? Dr. ANDERSON. That is not an organizational structure at the present time, Senator Muskie. I have a deputy, Dr. Christensen, Deputy Chief of the Bureau of State Services, the position I formerly occupied. He concentrates on the direction and the review of the programs on the community health side. By assignment from the Surgeon General, I concentrate my activities on the environmental health programs. There is no organizational unit today identified as environmental health. It is a grouping of the programs that relate to the environment in the Bureau of State Services and that is all. Senator MUSKIE. And five divisions then have been grouped together under your supervision in this respect? Dr. ANDERSON. Yes, sir. Senator MUSKIE. And those divisions are? Dr. ANDERSON. Division of Water Supply and Pollution Control, Division of Air Pollution, the Division of Environmental Engineering and Food Protection, the Division of Occupational Health, which is industrial hygiene, and the Division of Radiological Health. Senator MUSKIE. And these divisions now are not organized as a group? Dr. ANDERSON. They are not distinguished from the community health programs within the Bureau of State Services; no. Senator MUSKIE. So they are organized in an ad hoc way for the purpose of doing what you hope the legislation will ultimately authorize you to do? Dr. ÅNDERSON. Yes, sir; that is correct. The programs in community health and environmental health have rather distinct and different missions. In community health the activities primarily relate to public health services such as public health nursing, diagnostic and screening work. and the hospital construction program, for example. In the environmental groups you will find we are primarily concerned with problems of pollution and contamination or changes in the environment due to physical and chemical developments as related to our industrial, technological growth, and our population growth. Senator MUSKIE. Your duties then are much broader than the program of water pollution control? Dr. ANDERSON. Yes, sir. I have the same kind of responsibilities for the other divisions in environmental health side that I have for water pollution control. Senator MUSKIE. There is someone under you in charge of the Division of Water Supply and Pollution Control! Dr. ANDERSON. Yes, Assistant Surgeon General Gordon McCallum is Chief of that Division; he is here with me today. Senator MUSKIE. Under that Division there are as I recall, six bureaus; is that right? Dr. ANDERSON. They are identified as six branches. This is the organizational terminology. Senator MUSKIE. Now, those six branches are what? Dr. ANDERSON. Basic Data Branch, Construction Grants Branch, the Information Branch, the Enforcement Branch, the Research and Training Grants Branch, and the Technical Services Branch. Senator MUSKIE. So that the Enforcement Branch is one of six Branches of one of five Divisions which are under you in this field? Dr. ANDERSON. That is correct. Senator MUSKIE. With respect to enforcement the line of authority then runs from the Enforcement Branch though the Division of Water Supply and Pollution Control to you; is that correct? Dr. ANDERSON. With regard to the routine operations relating to enforcement that is correct. However, under the authorities of the present Water Pollution Control Act, all of the powers of the act, as you know, are those of the Secretary. Senator MUSKIE. Now, above you how does the line run? Dr. ANDERSON. Well, in the enforcement area the Secretary reserved to himself the authorities relating to enforcement, particularly with regard ot decisions as to what situations we would be active in, and that sort of thing. In our line to the Secretary we carry out those policies and decisions that are made by the Secretary or his special representative for water, Mr. James Quigley, Assistant Secretary. Senator MUSKIE. So the line runs from you and your next immediate superior is Mr. Quigley. Dr. ANDERSON. My immediate superior is the Surgeon General, Dr. Luther Terry and his superior is the Secretary. Senator MUSKIE. Where does Mr. Quigley fall into this pattern? Dr. ANDERSON. Mr. Quigley has been designated by the Secretary to be his special representative, if you will, with regard to his authorities and the ones that he reserved to himself in the water field. Senator MUSKIE. Is he over or under the Surgeon General or has he no relationships with the Surgeon General? Dr. ANDERSON. He is over the Surgeon General in this regard. Senator MUSKIE. Then the line runs through Mr. Quigley-through the Secretary, through Mr. Quigley, through the Suregon General to you. Dr. ANDERSON. Yes, for water. Senator MUSKIE. You say this is under the 1961 law? Dr. ANDERSON. Yes, sir. Senator MUSKIE. Under the law the Secretary has all the authority in the enforcement field, and in connection with that authority must make the decisions with respect to enforcement activities that are to be undertaken. Dr. ANDERSON. That is correct. Senator MUSKIE. Has he delegated that authority to anybody? Dr. ANDERSON. Not as I understand it. He has reserved that unto himself. Senator MUSKIE. Now, the 1961 law became effective when? Dr. ANDERSON. July 1, 1961, I believe was the date it became effective. Senator MUSKIE. What action did the Secretary take then to implement the law? First, what did the law provide with respect to enforcement? What new authorities, what new jurisdiction did the 1961 act confer on the Secretary and the Department? Dr. ANDERSON. Well, it conferred an authority for the Secretary to be concerned with all navigable waters and act on pollution of an intrastate character when requested to do so by the Governor of the State in which the pollution was occurring. Senator MUSKIE. I am looking for the pertinent sections of the 1961 act. I think it is section 8, is that your recollection? Dr. ANDERSON. I don't have a copy of the act. I would like to have Mr. Murray Stein, Chief of the Enforcement Branch, join me here. I believe he would also help. Senator MUSKIE. Yes, indeed; if Mr. Stein is here. Mr. Stein, could you refer us to the appropriate section? Senator MUSKIE. Section 8 of the law. Without objection that section of the law will be printed in the record at this point so that it may be available for ready reference. That is the section of the law, is it not, which gave the Secretary jurisdiction over pollution in interstate waters and navigable waters within States when requested by Governors. Dr. ANDERSON. Yes, sir. Senator MUSKIE. And it is that enforcement authority to which we have had reference in our discussion here this morning? Dr. ANDERSON. Yes, sir. Senator MUSKIE. And that enforcement authority has not been delegated to anyone by the Secretary? Dr. ANDERSON. That is correct. (Sec. 8 of the Federal Water Pollution Control Act follows:) ENFORCEMENT MEASURES AGAINST POLLUTION OF INTERSTATE OR NAVIGABLE SEC. 8(a) The pollution of interstate or navigable waters in or adjacent to any State or States (whether the matter causing or contributing to such pollution is discharged directly into such waters or reaches such waters after discharge into a tributary of such waters), which endangers the health or welfare of any persons, shall be subject to abatement as provided in this Act. (b) Consistent with the policy declaration of this Act, State and interstate action to abate pollution of interstate or navigable waters shall be encouraged and shall not, except as otherwise provided by or pursuant to court order under subsection (g), be displaced by Federal enforcement action. (c) (1) Whenever requested by the Governor of any State or a State water pollution control agency, or (with the concurrence of the Governor and of the State water pollution control agency for the State in which the municipality is situated) the governing body of any municipality, the Secretary shall, if such request refers to pollution of waters which is endangering the health or welfare of persons in a State other than that in which the discharge or discharges (causing or contributing to such pollution) originates, give formal notification thereof to the water pollution control agency and interstate agency, if any, of the State or States where such discharge or discharges originate and shall call promptly a conference of such agency or agencies and of the State water pollution control agency and interstate agency, if any, of the State or States, if any, which may be adversely affected by such pollution. Whenever requested by the Governor of any State, the Secretary shall, if such request refers to pollution of interstate or navigable waters which is endangering the health or welfare of persons only in the requesting State in which the discharge or discharges (causing or contributing to such pollution) originate, give formal notification thereof to the water pollution control agency and interstate agency, if any, of such State and shall promptly call a conference of such agency or agencies, unless, in the judgment of the Secretary, the effect of such pollution on the legitimate uses of the waters is not of sufficient significance to warrant exercise of Federal jurisdiction under this section. The Secretary shall also call such a conference whenever, on the basis of reports, surveys, or studies, he has reason to believe that any pollution referred to in subsection (a) and endangering the health or welfare of persons in a State other than that in which the discharge or discharges originate is occurring. (2) The agencies called to attend such conference may bring such persons as they desire to the conference. Not less than three weeks' prior notice of the conference date shall be given to such agencies. (3) Following this conference, the Secretary shall prepare and forward to all the water pollution control agencies attending the conference a summary of conference discussions including (A) occurrence of pollution of interstate and navigable waters subject to abatement under this Act; (B) adequacy of measures taken toward abatement of the pollution; and (C) nature of delays, if any, being encountered in abating the pollution. (d) If the Secretary believes, upon the conclusion of the conference or thereafter, that effective progress toward abatement of such pollution is not being made and that the health or welfare of any persons is being endangered, he shall recommend to the appropriate State water pollution control agency that it take necessary remedial action. The Secretary shall allow at least six months from the date he makes such recommendations for the taking of such recommended action. (e) If, at the conclusion of the period so allowed, such remedial action has not been taken or action which in the judgment of the Secretary is reasonably calculated to secure abatement of such pollution has not been taken, the Secretary shall call a public hearing, to be held in or near one or more of the places where the discharge or discharges causing or contributing to such pollution originated, before a Hearing Board of five or more persons appointed by the Secretary. Each State in which any discharge causing or contributing to such pollution originates and each State claiming to be adversely affected by such pollution shall be given an opportunity to select one member of the Hearing Board and at least one member shall be a representtaive of the Department of Commerce, and not less than a majority of the Hearing Board shall be persons other than officers or employees of the Department of Health, Education, and Welfare. At least three weeks' prior notice of such hearing shall be given to the State water pollution control agencies and interstate agencies, if any, called to attend the aforesaid hearing and the alleged polluter or polluters. On the basis of the evidence presented at such hearing, the Hearing Board shall make findings as to whether pollution referred to in subsection (a) is occurring and whether effective progress toward abatement thereof is being made. If the Hearing Board finds such pollution is occurring and effective progress toward abatement thereof is not being made it shall make recommendations to the Secretary concerning the measures, if any, which it finds to be reasonable and equitable to secure abatement of such pollution. The Secretary shall send such findings and recommendations to the person or persons discharging any matter causing or contributing to such pollution, together with a notice specifying a reasonable time (not less than six months) to secure abatement of such pollution, and shall also send such findings and recommendations and such notice to the State water pollution control agency and to the interstate agency, if any, of the State or States where such discharge or discharges originate. (f) If action reasonably calculated to secure abatement of the pollution within the time specified in the notice following the public hearing is not taken, the Secretary (1) in the case of pollution of waters which is endangering the health or welfare of persons in a State other than that in which the discharge or discharges (causing or contributing to such pollution) originate, may request the Attorney General to bring a suit on behalf of the United States to secure abatement of pollution, and (2) in the case of pollution of waters which is endangering the health or welfare of persons only in the State in which the discharge or discharges (causing or contributing to such pollution) originate, may, with the written consent of the Governor of such State, request the Attorney General to bring a suit on behalf of the United States to secure abatement of the pollution. (g) The court shall receive in evidence in any such suit a transcript of the proceedings before the Board and a copy of the Board's recommendations and shall receive such further evidence as the court in its discretion deems proper. The court, giving due consideration to the practicability and to the physical and economic feasibility of securing abatement of any pollution proved, shall have jurisdiction to enter such judgment, and orders enforcing such judgment, as the public interest and the equities of the case may require. (h) Members of any Hearing Board appointed pursuant to subsection (e) who are not regular full-time officers or employees of the United States shall, while participating in the hearing conducted by such Board or otherwise engaged on the work of such Board, be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem, including travel time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. (i) As used in this section the term (1) "person" includes an individual, corporation, partnership, association, State, municipality, and political subdivision of a State, and (2) "municipality" means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law. Senator MUSKIE. In July of 1961, what action did the Secretary take then to implement that new authority or that new jurisdiction? Dr. ANDERSON. One of the first things the Secretary did was to delegate to the Surgeon General the functions vested in him with four specified exceptions. Included in the authorities delegated to the Surgeon General was the authority to call conferences under section 8 (c) of the act and to recommend necessary remedial action under section 8(d) to abate the pollution. I would like to submit for the record a copy of this delegation of authorities to the Surgeon General, which is dated July 20, 1961, and was published in the Federal Register on July 26, 1961, p. 6660. (The document referred to follows:) DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE OFFICE OF THE SECRETARY STATEMENT OF ORGANIZATION AND DELEGATIONS OF AUTHORITY PUBLIC HEALTH SERVICE Part 4 of the Statement of Organization and Delegations of Authority of the Department (22 F.R. 1049), as amended, is hereby further amended by revising section 4.20 (b) as follows: 1. Subparagraph (4) is renumbered subparagraph (5) 2. A new subparagraph (4) is inserted to read as follows: (4) All functions vested in the Secretary by the Federal Water Pollution Control Act (33 U.S.C. 466 et seq.) as amended by the Federal Water Pollution Control Act Amendments of 1961 except: (a) the making of regulations authorized by section 10 (a), (b) the making of annual reports on the establishment and maintenance of research fellowships required by section 4(a) (4), (c) all functions set out in section 8 (e) and (f), and (d) the designation of the Chairman of the Water Pollution Control Advisory Board under section 7. Dated: July 20, 1961. ABRAHAM RIBICOFF, Secretary. Dr. ANDERSON. The Secretary also at that time undertook a staff study in his office of all of the provisions of the 1961 act which had transferred the authorities that were previously on the Surgeon General to the Secretary, to examine how it was that he wished to operate the water pollution control program, and subsequent to that staff study the decisions were made as to what he would delegate to the Public |