Settlement Fixes Deadlines for EPA Compliance with Water Act: New Notice Requirements for Agency Actions

On October 16, 1972, Congress passed the Federal Water Pollution Control Act Amendments over the President's veto.¹ The Act, which took effect immediately, settled numerous discretionary and non-discretionary duties on the Administrator of EPA and prescribed deadlines for compliance with his mandatory responsibilities. In May, 1973, the National Resources Defense Council filed suit against Robert Fri, the agency's Acting Administrator, alleging failure to perform the duties mandated by fourteen separate provisions of the new law, despite expiration of the time limits set on his actions ranging from mid-December to mid-May. In early June, the parties signed a stipulation agreement, setting new deadlines for agency compliance with the fourteen statutory directives.²

The settlement requires the following actions by the Administrator. By July 2, 1973:

1. submission to Congress of a study on waste oil, pursuant to § 104(m) of the Act;

2. submission to Congress pursuant to § 516(a) of a report on the Agency's efforts to implement the objectives of the Act; and

3. promulgation of guidelines pursuant to § 304(d) (1) for acquiring information from owners and operators of agricultural sources of water pollution.

By August 13:

4. publication of information pursuant to § 304(d)(1) on the characteristics of water pollutants and the degree of effluent reduction attainable through secondary treatment processes.

By August 15:

5. issuance of guidelines pursuant to § 204(b) (2) for payment of waste treatment costs by recipients of waste treatment services.

By August 30:

6. entry into agreements pursuant to § 304(j) with the Secretaries of Agriculture, Army, and Interior for coordination of water quality control programs.

By August 31:

7. publication of a list pursuant to § 307(a) (1) of toxic pollutants for which an effluent standard will be established.

By September 4:

8. publication pursuant of § 208(a) (1) of a list of areas having substantial water quality control problems; and

9. publication pursuant to § 212(2) (C) of guidelines for evaluating the cost-effectiveness of treatment works.

By October 1:

10. promulgation of guidelines pursuant to § 403(c) (1) for determining the degradation of the waters of the territorial seas, the contiguous zone and the oceans; and

11. promulgation of guidelines pursuant to § 304(g) establishing test procedures for analysis of pollutants.

By October 15:

12. publication of guidelines pursuant to § 304(f) (1) of pollutants not susceptible to treatment by publicly owned treatment works; and

13. publication of proposed regulations pursuant to § 307(b) (1) establishing pretreatment standards for introduction into publicly owned treatment works of pollutants either nonsusceptible to treatment or capable of interfering with the operation of the treatment works.

By October 30:

14. submission to Congress pursuant to § 516(b) (2) of a detailed analysis of the costs of meeting the provisions of the Act and of constructing all necessary publicly owned treatment works in each state.

In addition, the parties agreed that the Administrator should have until December 3, 1973, to comply with § 307(a) (2), which directs the issuance of effluent standards within 180 days of publication of the list of toxic pollutants, as mandated by § 307(a) (1).³ The stipulation further provided that EPA will in the future give notice in the Federal Register of all publication or promulgation of final guidelines, regulations, information and reports, allowing at least thirty days for public comment and twenty days for agency review of the public's response. The Administrator will also publish by August 15 a report analyzing EPA's internal procedures and decision-making processes and will invite the public to comment upon it.

1. Federal Water Pollution Control Act Amendments of 1972, ELR 41101, P.L. 92-500, 86 Stat. 816, § 205 (a).

2. National Resources Defense Council v. Fri, Civil Action No. 849-73 (D.D.C. June 6, 1973), 3 ELR 20587. Complaint is available from the ELR Digest Facsimile Service.

3. Supra item no. 7.