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U.S. Code as of:
01/19/04
Section 1254. Research, investigations, training, and information
(a) Establishment of national programs; cooperation;
investigations; water quality surveillance system; reports
The Administrator shall establish national programs for the
prevention, reduction, and elimination of pollution and as part of
such programs shall -
(1) in cooperation with other Federal, State, and local
agencies, conduct and promote the coordination and acceleration
of, research, investigations, experiments, training,
demonstrations, surveys, and studies relating to the causes,
effects, extent, prevention, reduction, and elimination of
pollution;
(2) encourage, cooperate with, and render technical services to
pollution control agencies and other appropriate public or
private agencies, institutions, and organizations, and
individuals, including the general public, in the conduct of
activities referred to in paragraph (1) of this subsection;
(3) conduct, in cooperation with State water pollution control
agencies and other interested agencies, organizations and
persons, public investigations concerning the pollution of any
navigable waters, and report on the results of such
investigations;
(4) establish advisory committees composed of recognized
experts in various aspects of pollution and representatives of
the public to assist in the examination and evaluation of
research progress and proposals and to avoid duplication of
research;
(5) in cooperation with the States, and their political
subdivisions, and other Federal agencies establish, equip, and
maintain a water quality surveillance system for the purpose of
monitoring the quality of the navigable waters and ground waters
and the contiguous zone and the oceans and the Administrator
shall, to the extent practicable, conduct such surveillance by
utilizing the resources of the National Aeronautics and Space
Administration, the National Oceanic and Atmospheric
Administration, the United States Geological Survey, and the
Coast Guard, and shall report on such quality in the report
required under subsection (a) of section 1375 of this title; and
(6) initiate and promote the coordination and acceleration of
research designed to develop the most effective practicable tools
and techniques for measuring the social and economic costs and
benefits of activities which are subject to regulation under this
chapter; and shall transmit a report on the results of such
research to the Congress not later than January 1, 1974.
(b) Authorized activities of Administrator
In carrying out the provisions of subsection (a) of this section
the Administrator is authorized to -
(1) collect and make available, through publications and other
appropriate means, the results of and other information,
including appropriate recommendations by him in connection
therewith, pertaining to such research and other activities
referred to in paragraph (1) of subsection (a) of this section;
(2) cooperate with other Federal departments and agencies,
State water pollution control agencies, interstate agencies,
other public and private agencies, institutions, organizations,
industries involved, and individuals, in the preparation and
conduct of such research and other activities referred to in
paragraph (1) of subsection (a) of this section;
(3) make grants to State water pollution control agencies,
interstate agencies, other public or nonprofit private agencies,
institutions, organizations, and individuals, for purposes stated
in paragraph (1) of subsection (a) of this section;
(4) contract with public or private agencies, institutions,
organizations, and individuals, without regard to section 3324(a)
and (b) of title 31 and section 5 of title 41, referred to in
paragraph (1) of subsection (a) of this section;
(5) establish and maintain research fellowships at public or
nonprofit private educational institutions or research
organizations;
(6) collect and disseminate, in cooperation with other Federal
departments and agencies, and with other public or private
agencies, institutions, and organizations having related
responsibilities, basic data on chemical, physical, and
biological effects of varying water quality and other information
pertaining to pollution and the prevention, reduction, and
elimination thereof; and
(7) develop effective and practical processes, methods, and
prototype devices for the prevention, reduction, and elimination
of pollution.
(c) Research and studies on harmful effects of pollutants;
cooperation with Secretary of Health and Human Services
In carrying out the provisions of subsection (a) of this section
the Administrator shall conduct research on, and survey the results
of other scientific studies on, the harmful effects on the health
or welfare of persons caused by pollutants. In order to avoid
duplication of effort, the Administrator shall, to the extent
practicable, conduct such research in cooperation with and through
the facilities of the Secretary of Health and Human Services.
(d) Sewage treatment; identification and measurement of effects of
pollutants; augmented streamflow
In carrying out the provisions of this section the Administrator
shall develop and demonstrate under varied conditions (including
conducting such basic and applied research, studies, and
experiments as may be necessary):
(1) Practicable means of treating municipal sewage, and other
waterborne wastes to implement the requirements of section 1281
of this title;
(2) Improved methods and procedures to identify and measure the
effects of pollutants, including those pollutants created by new
technological developments; and
(3) Methods and procedures for evaluating the effects on water
quality of augmented streamflows to control pollution not
susceptible to other means of prevention, reduction, or
elimination.
(e) Field laboratory and research facilities
The Administrator shall establish, equip, and maintain field
laboratory and research facilities, including, but not limited to,
one to be located in the northeastern area of the United States,
one in the Middle Atlantic area, one in the southeastern area, one
in the midwestern area, one in the southwestern area, one in the
Pacific Northwest, and one in the State of Alaska, for the conduct
of research, investigations, experiments, field demonstrations and
studies, and training relating to the prevention, reduction and
elimination of pollution. Insofar as practicable, each such
facility shall be located near institutions of higher learning in
which graduate training in such research might be carried out. In
conjunction with the development of criteria under section 1343 of
this title, the Administrator shall construct the facilities
authorized for the National Marine Water Quality Laboratory
established under this subsection.
(f) Great Lakes water quality research
The Administrator shall conduct research and technical
development work, and make studies, with respect to the quality of
the waters of the Great Lakes, including an analysis of the present
and projected future water quality of the Great Lakes under varying
conditions of waste treatment and disposal, an evaluation of the
water quality needs of those to be served by such waters, an
evaluation of municipal, industrial, and vessel waste treatment and
disposal practices with respect to such waters, and a study of
alternate means of solving pollution problems (including additional
waste treatment measures) with respect to such waters.
(g) Treatment works pilot training programs; employment needs
forecasting; training projects and grants; research fellowships;
technical training; report to the President and transmittal to
Congress
(1) For the purpose of providing an adequate supply of trained
personnel to operate and maintain existing and future treatment
works and related activities, and for the purpose of enhancing
substantially the proficiency of those engaged in such activities,
the Administrator shall finance pilot programs, in cooperation with
State and interstate agencies, municipalities, educational
institutions, and other organizations and individuals, of manpower
development and training and retraining of persons in, on entering
into, the field of operation and maintenance of treatment works and
related activities. Such program and any funds expended for such a
program shall supplement, not supplant, other manpower and training
programs and funds available for the purposes of this paragraph.
The Administrator is authorized, under such terms and conditions as
he deems appropriate, to enter into agreements with one or more
States, acting jointly or severally, or with other public or
private agencies or institutions for the development and
implementation of such a program.
(2) The Administrator is authorized to enter into agreements with
public and private agencies and institutions, and individuals to
develop and maintain an effective system for forecasting the supply
of, and demand for, various professional and other occupational
categories needed for the prevention, reduction, and elimination of
pollution in each region, State, or area of the United States and,
from time to time, to publish the results of such forecasts.
(3) In furtherance of the purposes of this chapter, the
Administrator is authorized to -
(A) make grants to public or private agencies and institutions
and to individuals for training projects, and provide for the
conduct of training by contract with public or private agencies
and institutions and with individuals without regard to section
3324(a) and (b) of title 31 and section 5 of title 41;
(B) establish and maintain research fellowships in the
Environmental Protection Agency with such stipends and
allowances, including traveling and subsistence expenses, as he
may deem necessary to procure the assistance of the most
promising research fellows; and
(C) provide, in addition to the program established under
paragraph (1) of this subsection, training in technical matters
relating to the causes, prevention, reduction, and elimination of
pollution for personnel of public agencies and other persons with
suitable qualifications.
(4) The Administrator shall submit, through the President, a
report to the Congress not later than December 31, 1973,
summarizing the actions taken under this subsection and the
effectiveness of such actions, and setting forth the number of
persons trained, the occupational categories for which training was
provided, the effectiveness of other Federal, State, and local
training programs in this field, together with estimates of future
needs, recommendations on improving training programs, and such
other information and recommendations, including legislative
recommendations, as he deems appropriate.
(h) Lake pollution
The Administrator is authorized to enter into contracts with, or
make grants to, public or private agencies and organizations and
individuals for (A) the purpose of developing and demonstrating new
or improved methods for the prevention, removal, reduction, and
elimination of pollution in lakes, including the undesirable
effects of nutrients and vegetation, and (B) the construction of
publicly owned research facilities for such purpose.
(i) Oil pollution control studies
The Administrator, in cooperation with the Secretary of the
Department in which the Coast Guard is operating, shall -
(1) engage in such research, studies, experiments, and
demonstrations as he deems appropriate, relative to the removal
of oil from any waters and to the prevention, control, and
elimination of oil and hazardous substances pollution;
(2) publish from time to time the results of such activities;
and
(3) from time to time, develop and publish in the Federal
Register specifications and other technical information on the
various chemical compounds used in the control of oil and
hazardous substances spills.
In carrying out this subsection, the Administrator may enter into
contracts with, or make grants to, public or private agencies and
organizations and individuals.
(j) Solid waste disposal equipment for vessels
The Secretary of the department in which the Coast Guard is
operating shall engage in such research, studies, experiments, and
demonstrations as he deems appropriate relative to equipment which
is to be installed on board a vessel and is designed to receive,
retain, treat, or discharge human body wastes and the wastes from
toilets and other receptacles intended to receive or retain body
wastes with particular emphasis on equipment to be installed on
small recreational vessels. The Secretary of the department in
which the Coast Guard is operating shall report to Congress the
results of such research, studies, experiments, and demonstrations
prior to the effective date of any regulations established under
section 1322 of this title. In carrying out this subsection the
Secretary of the department in which the Coast Guard is operating
may enter into contracts with, or make grants to, public or private
organizations and individuals.
(k) Land acquisition
In carrying out the provisions of this section relating to the
conduct by the Administrator of demonstration projects and the
development of field laboratories and research facilities, the
Administrator may acquire land and interests therein by purchase,
with appropriated or donated funds, by donation, or by exchange for
acquired or public lands under his jurisdiction which he classifies
as suitable for disposition. The values of the properties so
exchanged either shall be approximately equal, or if they are not
approximately equal, the values shall be equalized by the payment
of cash to the grantor or to the Administrator as the circumstances
require.
(l) Collection and dissemination of scientific knowledge on effects
and control of pesticides in water
(1) The Administrator shall, after consultation with appropriate
local, State, and Federal agencies, public and private
organizations, and interested individuals, as soon as practicable
but not later than January 1, 1973, develop and issue to the States
for the purpose of carrying out this chapter the latest scientific
knowledge available in indicating the kind and extent of effects on
health and welfare which may be expected from the presence of
pesticides in the water in varying quantities. He shall revise and
add to such information whenever necessary to reflect developing
scientific knowledge.
(2) The President shall, in consultation with appropriate local,
State, and Federal agencies, public and private organizations, and
interested individuals, conduct studies and investigations of
methods to control the release of pesticides into the environment
which study shall include examination of the persistency of
pesticides in the water environment and alternatives thereto. The
President shall submit reports, from time to time, on such
investigations to Congress together with his recommendations for
any necessary legislation.
(m) Waste oil disposal study
(1) The Administrator shall, in an effort to prevent degradation
of the environment from the disposal of waste oil, conduct a study
of (A) the generation of used engine, machine, cooling, and similar
waste oil, including quantities generated, the nature and quality
of such oil, present collecting methods and disposal practices, and
alternate uses of such oil; (B) the long-term, chronic biological
effects of the disposal of such waste oil; and (C) the potential
market for such oils, including the economic and legal factors
relating to the sale of products made from such oils, the level of
subsidy, if any, needed to encourage the purchase by public and
private nonprofit agencies of products from such oil, and the
practicability of Federal procurement, on a priority basis, of
products made from such oil. In conducting such study, the
Administrator shall consult with affected industries and other
persons.
(2) The Administrator shall report the preliminary results of
such study to Congress within six months after October 18, 1972,
and shall submit a final report to Congress within 18 months after
such date.
(n) Comprehensive studies of effects of pollution on estuaries and
estuarine zones
(1) The Administrator shall, in cooperation with the Secretary of
the Army, the Secretary of Agriculture, the Water Resources
Council, and with other appropriate Federal, State, interstate, or
local public bodies and private organizations, institutions, and
individuals, conduct and promote, and encourage contributions to,
continuing comprehensive studies of the effects of pollution,
including sedimentation, in the estuaries and estuarine zones of
the United States on fish and wildlife, on sport and commercial
fishing, on recreation, on water supply and water power, and on
other beneficial purposes. Such studies shall also consider the
effect of demographic trends, the exploitation of mineral resources
and fossil fuels, land and industrial development, navigation,
flood and erosion control, and other uses of estuaries and
estuarine zones upon the pollution of the waters therein.
(2) In conducting such studies, the Administrator shall assemble,
coordinate, and organize all existing pertinent information on the
Nation's estuaries and estuarine zones; carry out a program of
investigations and surveys to supplement existing information in
representative estuaries and estuarine zones; and identify the
problems and areas where further research and study are required.
(3) The Administrator shall submit to Congress, from time to
time, reports of the studies authorized by this subsection but at
least one such report during any six-year period. Copies of each
such report shall be made available to all interested parties,
public and private.
(4) For the purpose of this subsection, the term "estuarine
zones" means an environmental system consisting of an estuary and
those transitional areas which are consistently influenced or
affected by water from an estuary such as, but not limited to, salt
marshes, coastal and intertidal areas, bays, harbors, lagoons,
inshore waters, and channels, and the term "estuary" means all or
part of the mouth of a river or stream or other body of water
having unimpaired natural connection with open sea and within which
the sea water is measurably diluted with fresh water derived from
land drainage.
(o) Methods of reducing total flow of sewage and unnecessary water
consumption; reports
(1) The Administrator shall conduct research and investigations
on devices, systems, incentives, pricing policy, and other methods
of reducing the total flow of sewage, including, but not limited
to, unnecessary water consumption in order to reduce the
requirements for, and the costs of, sewage and waste treatment
services. Such research and investigations shall be directed to
develop devices, systems, policies, and methods capable of
achieving the maximum reduction of unnecessary water consumption.
(2) The Administrator shall report the preliminary results of
such studies and investigations to the Congress within one year
after October 18, 1972, and annually thereafter in the report
required under subsection (a) of section 1375 of this title. Such
report shall include recommendations for any legislation that may
be required to provide for the adoption and use of devices,
systems, policies, or other methods of reducing water consumption
and reducing the total flow of sewage. Such report shall include an
estimate of the benefits to be derived from adoption and use of
such devices, systems, policies, or other methods and also shall
reflect estimates of any increase in private, public, or other cost
that would be occasioned thereby.
(p) Agricultural pollution
In carrying out the provisions of subsection (a) of this section
the Administrator shall, in cooperation with the Secretary of
Agriculture, other Federal agencies, and the States, carry out a
comprehensive study and research program to determine new and
improved methods and the better application of existing methods of
preventing, reducing, and eliminating pollution from agriculture,
including the legal, economic, and other implications of the use of
such methods.
(q) Sewage in rural areas; national clearinghouse for alternative
treatment information; clearinghouse on small flows
(1) The Administrator shall conduct a comprehensive program of
research and investigation and pilot project implementation into
new and improved methods of preventing, reducing, storing,
collecting, treating, or otherwise eliminating pollution from
sewage in rural and other areas where collection of sewage in
conventional, communitywide sewage collection systems is
impractical, uneconomical, or otherwise infeasible, or where soil
conditions or other factors preclude the use of septic tank and
drainage field systems.
(2) The Administrator shall conduct a comprehensive program of
research and investigation and pilot project implementation into
new and improved methods for the collection and treatment of sewage
and other liquid wastes combined with the treatment and disposal of
solid wastes.
(3) The Administrator shall establish, either within the
Environmental Protection Agency, or through contract with an
appropriate public or private non-profit organization, a national
clearinghouse which shall (A) receive reports and information
resulting from research, demonstrations, and other projects funded
under this chapter related to paragraph (1) of this subsection and
to subsection (e)(2) of section 1255 of this title; (B) coordinate
and disseminate such reports and information for use by Federal and
State agencies, municipalities, institutions, and persons in
developing new and improved methods pursuant to this subsection;
and (C) provide for the collection and dissemination of reports and
information relevant to this subsection from other Federal and
State agencies, institutions, universities, and persons.
(4) Small flows clearinghouse. - Notwithstanding section 1285(d)
of this title, from amounts that are set aside for a fiscal year
under section 1285(i) of this title and are not obligated by the
end of the 24-month period of availability for such amounts under
section 1285(d) of this title, the Administrator shall make
available $1,000,000 or such unobligated amount, whichever is less,
to support a national clearinghouse within the Environmental
Protection Agency to collect and disseminate information on small
flows of sewage and innovative or alternative wastewater treatment
processes and techniques, consistent with paragraph (3). This
paragraph shall apply with respect to amounts set aside under
section 1285(i) of this title for which the 24-month period of
availability referred to in the preceding sentence ends on or after
September 30, 1986.
(r) Research grants to colleges and universities
The Administrator is authorized to make grants to colleges and
universities to conduct basic research into the structure and
function of freshwater aquatic ecosystems, and to improve
understanding of the ecological characteristics necessary to the
maintenance of the chemical, physical, and biological integrity of
freshwater aquatic ecosystems.
(s) River Study Centers
The Administrator is authorized to make grants to one or more
institutions of higher education (regionally located and to be
designated as "River Study Centers") for the purpose of conducting
and reporting on interdisciplinary studies on the nature of river
systems, including hydrology, biology, ecology, economics, the
relationship between river uses and land uses, and the effects of
development within river basins on river systems and on the value
of water resources and water related activities. No such grant in
any fiscal year shall exceed $1,000,000.
(t) Thermal discharges
The Administrator shall, in cooperation with State and Federal
agencies and public and private organizations, conduct continuing
comprehensive studies of the effects and methods of control of
thermal discharges. In evaluating alternative methods of control
the studies shall consider (1) such data as are available on the
latest available technology, economic feasibility including
cost-effectiveness analysis, and (2) the total impact on the
environment, considering not only water quality but also air
quality, land use, and effective utilization and conservation of
freshwater and other natural resources. Such studies shall consider
methods of minimizing adverse effects and maximizing beneficial
effects of thermal discharges. The results of these studies shall
be reported by the Administrator as soon as practicable, but not
later than 270 days after October 18, 1972, and shall be made
available to the public and the States, and considered as they
become available by the Administrator in carrying out section 1326
of this title and by the States in proposing thermal water quality
standards.
(u) Authorization of appropriations
There is authorized to be appropriated (1) not to exceed
$100,000,000 per fiscal year for the fiscal year ending June 30,
1973, the fiscal year ending June 30, 1974, and the fiscal year
ending June 30, 1975, not to exceed $14,039,000 for the fiscal year
ending September 30, 1980, not to exceed $20,697,000 for the fiscal
year ending September 30, 1981, not to exceed $22,770,000 for the
fiscal year ending September 30, 1982, such sums as may be
necessary for fiscal years 1983 through 1985, and not to exceed
$22,770,000 per fiscal year for each of the fiscal years 1986
through 1990, for carrying out the provisions of this section,
other than subsections (g)(1) and (2), (p), (r), and (t) of this
section, except that such authorizations are not for any research,
development, or demonstration activity pursuant to such provisions;
(2) not to exceed $7,500,000 for fiscal years 1973, 1974, and 1975,
$2,000,000 for fiscal year 1977, $3,000,000 for fiscal year 1978,
$3,000,000 for fiscal year 1979, $3,000,000 for fiscal year 1980,
$3,000,000 for fiscal year 1981, $3,000,000 for fiscal year 1982,
such sums as may be necessary for fiscal years 1983 through 1985,
and $3,000,000 per fiscal year for each of the fiscal years 1986
through 1990, for carrying out the provisions of subsection (g)(1)
of this section; (3) not to exceed $2,500,000 for fiscal years
1973, 1974, and 1975, $1,000,000 for fiscal year 1977, $1,500,000
for fiscal year 1978, $1,500,000 for fiscal year 1979, $1,500,000
for fiscal year 1980, $1,500,000 for fiscal year 1981, $1,500,000
for fiscal year 1982, such sums as may be necessary for fiscal
years 1983 through 1985, and $1,500,000 per fiscal year for each of
the fiscal years 1986 through 1990, for carrying out the provisions
of subsection (g)(2) of this section; (4) not to exceed $10,000,000
for each of the fiscal years ending June 30, 1973, June 30, 1974,
and June 30, 1975, for carrying out the provisions of subsection
(p) of this section; (5) not to exceed $15,000,000 per fiscal year
for the fiscal years ending June 30, 1973, June 30, 1974, and June
30, 1975, for carrying out the provisions of subsection (r) of this
section; and (6) not to exceed $10,000,000 per fiscal year for the
fiscal years ending June 30, 1973, June 30, 1974, and June 30,
1975, for carrying out the provisions of subsection (t) of this
section.
(v) Studies concerning pathogen indicators in coastal recreation
waters
Not later than 18 months after October 10, 2000, after
consultation and in cooperation with appropriate Federal, State,
tribal, and local officials (including local health officials), the
Administrator shall initiate, and, not later than 3 years after
October 10, 2000, shall complete, in cooperation with the heads of
other Federal agencies, studies to provide additional information
for use in developing -
(1) an assessment of potential human health risks resulting
from exposure to pathogens in coastal recreation waters,
including nongastrointestinal effects;
(2) appropriate and effective indicators for improving
detection in a timely manner in coastal recreation waters of the
presence of pathogens that are harmful to human health;
(3) appropriate, accurate, expeditious, and cost-effective
methods (including predictive models) for detecting in a timely
manner in coastal recreation waters the presence of pathogens
that are harmful to human health; and
(4) guidance for State application of the criteria for
pathogens and pathogen indicators to be published under section
1314(a)(9) of this title to account for the diversity of
geographic and aquatic conditions.
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