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Health Service and to the Division of Water Supply and Pollution Control and what he would reserve unto himself.

Senator MUSKIE. Did that decision take written form?

Dr. ANDERSON. Yes, I believe it exists in the manual of the Department. I don't have it with me, sir.

Senator MUSKIE. Is it a lengthy document?

Dr. ANDERSON. No, it is not long.

Senator MUSKIE. Without objection, if you would supply it for the record we will have it printed at this point.

What was the date of that?

Dr. ANDERSON. I can't give you that, sir, from memory. It was in the late summer or early fall, as I recall, of 1961.

(The document referred to follows:)

DEPARTMENT RESPONSIBILITIES RELATED TO THE FEDERAL WATER SUPPLY AND WATER POLLUTION CONTROL PROGRAM

1-925-00 Purpose

This chapter states the responsibilities within the Department of Health, Education, and Welfare for the Federal Government's water supply and water pollution control activities.

1-925-10 Policy

A. The Department recognizes that an effective program of water supply and water pollution control is basic to promoting and strengthening national efforts to preserve and improve water resources.

B. The Department recognizes the need for vigorous policy and program leadership by the Office of the Secretary, especially as it relates to final decisions on enforcement actions and to maintaining a continuous review of water supply and pollution control program needs and accomplishments.

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A. Office of the Secretary: The Assistant Secretary is the designated immediate representative of the Secretary, in the administration of water supply and pollution control activities as follows:

1. Serves as Chairman of the Water Pollution Control Advisory Board.

2. Recommends to the Secretary decisions for or against enforcement actions in all cases of pollution within Federal jurisdiction.

3. Represents the Department in water supply and pollution control matters, including relations with other agencies.

4. Reviews existing program activities and makes recommendations designed to produce vigorous and effective departmental action in water pollution control. 5. Assures balanced interest in water quality for all legitimate purposes. 6. Prepares and keeps current a policy statement to guide all officials of the Department concerned with water supply and pollution control activities. 7. Guides departmental policy in pertinent program planning, budgetary, organizational, and other administrative procedures.

8. Maintains continuing liaison in respect to water pollution control matters with other officials in the Department who have related responsibilities.

B. Public Health Service: Subject to the general policy guidance of the Office of the Secretary, the Public Health Service is assigned responsibility for water supply and pollution control program operating responsibilities as follows:

1. Develops essential data for and promotes a vigorous and effective enforcement program.

2. Mounts an intensified research program to develop better methods for identifying, evaluating, and controlling water pollutants, including setting of quality standards for all legitimate water uses.

3. Stimulates and supports appropriate training activities to assure a more adequate supply of professional and technical personnel for water pollution control programs.

4. Stimulates State and local efforts to control pollution through:

(a) Grants to States and interstate agencies for operation of their water pollution control programs:

(b) Grants to municipalities for waste treatment plant construction; and (c) Technical consultation on pollution abatement.

5. Provides professional and technical assistance to other Federal agencies with respect to water quality control in the planning and construction of reservoirs.

6. Collects, analyzes, and interprets essential water quality data for use in development of comprehensive plans for river basins.

7. Maintains professional and technical liaison with other Federal agencies, State water pollution control authorities, and other public and private groups concerned with pollution control.

8. Assures organizational and budgetary identification of the water supply and pollution control program and high-level responsibility for its operation. Senator MUSKIE. At that point certain authority but not authority with respect to enforcement, was delegated to various individuals in the Public Health Service?

Dr. ANDERSON. Yes, sir; to the Surgeon General.

Senator MUSKIE. Now, at what point did Mr. Quigley get his assignment? Do you have the date of that?

Dr. ANDERSON. I don't have that date. It would be at the same time as the delegations were made.

Senator MUSKIE. Would you have that date, Mr. Stein?

Mr. STEIN. Not the exact date. But the approximate date is the same. I think it was the late summer or fall of 1961.

Senator MUSKIE. I think it would be important to get that date. The staff tells me it was November 16, 1961. Would that sound correct?

Mr. STEIN. That sounds correct.

Senator MUSKIE. At that point, Mr. Quigley then assumed his functions which are-are they totally in the field of enforcement? Dr. ANDERSON. Are they what?

Senator MUSKIE. Are Mr. Quigley's functions totally in the field of enforcement?

Dr. ANDERSON. No; he represents the Secretary with regard to all of the responsibilities that the Secretary has under the Water Pollution Control Act.

Senator MUSKIE. This includes research, construction grants, and enforcement?

Dr. ANDERSON. All of the policy matters, and he also functions for the Secretary as Chairman of the Water Pollution Control Advisory Board.

Senator MUSKIE. How many employees are there in the water pollution control field in the Department?

Dr. ANDERSON. I do not have that figure in mind, sir.
Senator MUSKIE. Could you supply that for the record?
Dr. ANDERSON. Yes, sir.

(Subsequently, the following information was submitted:)

As of May 31, 1963, the figure was 1,114.

Senator MUSKIE. This then gives us the organizational structure in which we are interested.

Now, I am interested in developments that took place with respect to the Merrimack River pollution problem. This problem, I understand, has been before the Department, is that correct?

Dr. ANDERSON. Yes, it has.

Senator MUSKIE. Would you give us the history of the problem as it relates to the Department's connection with it? The Merrimack River we are speaking of runs-will you locate it first and describe the problem and then the Department's relationship to it?

Dr. ANDERSON. The Merrimack River originates, I believe, entirely within the State of New Hampshire, crosses the border of the New Hampshire-Massachusetts border, I would guess about 40 to 60 miles east of the coast, and then flows within Massachusetts to the ocean. Senator MUSKIE. And it does have a pollution problem? Dr. ANDERSON. Yes, it does have a pollution problem.

Senator MUSKIE. Is it a pollution problem that falls within the authority conferred upon the Department in section 8 of the law? Dr. ANDERSON. It might fall within the authority of section 8 of the law.

Senator MUSKIE. That determination has not yet been made? Dr. ANDERSON. Well, with regard to the interstate problem it might fall or under the provisions of section 8, if the Governor of either State felt that he wished to invoke the Department in an enforcement action or if it were determined that the health and welfare of the State of Massachusetts were being endangered by pollution originating within New Hampshire. It might also fall under the provisions of that section if the Governor of either State wished to approach an intrastate problem on that stream.

Senator MUSKIE. At what point did the Department become involved in the problem?

Dr. ANDERSON. Well, the Department has been, and the water pollution control program has been active with regard to the Merrimack over a number of years.

Construction grants, for example, have been made to towns and villages in New Hampshire, and in Massachusetts for the abatement of domestic pollution.

In the spring

Senator MUSKIE. At what point did the Department first become concerned with the problem under section 8?

Dr. ANDERSON. Under section 8. With in this current year the Governor of Massachusetts addressed a letter to the Secretary asking for his help, and we are active today with the State in gathering information about the condition of the Massachusetts section of the river, particularly, which will describe the character and the degree of pollution that exists on the Merrimac River and will examine also the pertinence of the plans of the Merrimack River Authority and the State and villages to abate pollution on the Merrimack River.

Senator MUSKIE. The Governor of Massachusetts made that request when?

Dr. ANDERSON. It was early this year, I do not again have the exact date. Maybe Mr. Stein has it.

Senator MUSKIE. Do you have a copy of that letter?

Mr. STEIN. It was very close to February 14 of this year, sir.

Dr. ANDERSON. We do not have a copy of the letter here, sir.

Senator MUSKIE. Would it have been February 12 of this year?
Dr. ANDERSON. It would be about that time; yes, sir.

Senator MUSKIE. Could you supply a copy of that letter for the record?

Dr. ANDERSON. We will do so, sir.

Senator MUSKIE. Without objection it will be printed in the record at this point when presented.

(The letter referred to follows:)

THE COMMONWEALTH OF MASSACHUSETTS,

EXECUTIVE DEPARTMENT,
Boston, February 12, 1963.

Hon. ANTHONY F. CELEBREZZE,

Secretary, Department of Health, Education, and Welfare,
Washington, D.C.

DEAR MR. SECRETARY: In accordance with section 8 of the Federal Water Pollution Control Act, I request that you, as Secretary of Health, Education, and Welfare, call a conference regarding pollution of the Nashua River, the Merrimack River, and waters in the vicinity of Newburyport, Mass., affected by the Merrimack River. It is further requested that the conference include the tributaries of these rivers with reference to pollution affecting both the interstate reaches of these waters and the intrastate portions within the State of Massachusetts.

The water resources of the State of Massachusetts are of the greatest importance for the continued and deserved growth and prosperity of my State. I believe that I have a serious responsibility to take all possible action to improve these waters for industrial and recreational purposes and as a source of public water supply.

I thank you for your cooperation in this regard and hope that you will take appropriate steps under the Federal Water Pollution Control Act at the earliest possible time.

I am certain that by cooperative State-Federal effort much can be done to preserve this vital water resource for our State, region, and the country.

Sincerely,

ENDICOTT PEABODY, Governor.

Senator MUSKIE. Now, following that letter as I understand what you have said you undertook then to study the pollution problem of the river with a view to determining what action, if any, you should take?

Dr. ANDERSON. That is correct.

Senator MUSKIE. You have not previously made any determination as to the status of the pollution problem of the river, I take it?

Dr. ANDERSON. Yes. We were aware of the activities and the condition of the river as reported to us by the State of Massachusetts and the programs that the State had underway to abate pollution of the Merrimack.

Senator MUSKIE. But that information was not sufficient for you to determine whether or not you should act in accordance with the Governor's request?

Dr. ANDERSON. Well, at that time, prior to the Governor's request, the State of Massachusetts in the 1962 legislature appropriated moneys to conduct studies on the Merrimack River and to develop a pollution control program.

Senator MUSKIE. When was that?

Dr. ANDERSON. That was in the 1962 legislature. It would be more than a year ago. Under that program the State has been proceeding using a consulting firm to conduct the studies on the Merrimack River where they are needed.

The Governor has requested our assistance to augment those studies, and we have assigned people and we are actively working in the amelioration of the situation.

Senator MUSKIE. Has he in effect asked you to take over the pollution problem of the Merrimack?

Dr. ANDERSON. When a Governor requests the Secretary to take enforcement action, in that way he does place the river and its condition under Federal purview.

However, in the terms of the act which call for a cooperative relationship on these types of problems, we do work in concert with the State agencies with regard to the gathering of facts, the agreements upon the facts of pollution, the agreements with regard to corrective measures that might be necessary, and the setting of a timetable for the amelioration of the condition. This table then becomes one that is binding upon all parties.

Senator MUSKIE. The primary responsibility, in other words, becomes yours?

Dr. ANDERSON. For the setting, I think, of the timetable and for the actions. However, it is an action in which we cooperate with the States.

Senator MUSKIE. Now, this action was requested under section 8 and it was a request for a conference under section 8; is that right?

Dr. ANDERSON. Again, I do not have the original letter here so I can't cite the wording. Do you recall?

Mr. STEIN. Yes; it was request for an action under section 8 and the first step in the action under section 8 is the calling of a conference. Senator MUSKIE. Has a conference been called?

Mr. STEIN. No, sir. Subsequent to that, the Governor of Massachusetts and his staff were here, met with the Under Secretary, Ivan Nestingen, the Assistant Secretary, Mr. Quigley, and myself and several others, I believe Dr. Anderson was out of town, and it was clearly indicated that the intent was to have a conference.

The sole question here was when the conference would be held. The Governor indicated it might be desirable to wait until the completion of the study before the calling of the conference so all the facts could be presented to the conferees.

Senator MUSKIE. When is it anticipated that the study will be completed?

Mr. STEIN. November of this year, sir.

Senator MUSKIE. When was the study undertaken?

Mr. STEIN. The study will be underway for about a year, I understand. It probably was November of last year.

Senator MUSKIE. The studies were begun in November of last year? Mr. STEIN. Yes, sir.

Senator MUSKIE. What study was that?

Mr. STEIN. That is a State study.

Senator MUSKIE. You are not making a separate study?

Mr. STEIN. No, we have our technical staff up there at the present time consulting with the State people in order to determine what gaps there might be in the information which is required. Our people will make that study, so there will be complete information. If the State is doing work there is no point in spending Federal money to duplicate the work.

I also might indicate that the Governor of Massachusetts in addition to asking us to come in on the intrastate portions of the Merrimack River, also asked us to look into, under the enforcement procedures, the interstate features of the river involving New Hampshire, and this involves the complete Nashua-Merrimack system.

Obviously, the Legislature of Massachusetts did not or could not appropriate money, I guess, to investigate conditions in New Hampshire, and we will, of course, in cooperation with the New Hampshire officials attempt to get that information.

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