U.S. Pushing States to Curb Water Pollution
By KEITH SCHNEIDER,
Published: November 7, 1991
WASHINGTON, Nov. 6— Seeking to push states into complying with a Congressional directive to make water cleaner, the Environmental Protection Agency said today that it would impose Federal rules unless 22 states and territories set their own limits for discharges of toxic chemicals in lakes and rivers by early next year.
The proposed action, announced by William K. Reilly, the Administrator of the environmental agency, affects chemical plants, sewage treatment installations and other industrial factories that discharge millions of pounds of toxic chemicals into water each year.
In 1987, Congress directed every state and territory to establish safe levels for toxic pollutants in fresh water by 1990 under an amendment to the Clean Water Act, one of the foundations of United States environmental law. To date, 35 states and territories have complied, the E.P.A. said today.
But 19 states, including Connecticut and New Jersey, 2 territories and the District of Columbia have not yet imposed limits on toxic pollution in water. Mr. Reilly said these states had until mid-February to establish restrictions or the Government would intervene and impose the Federal regulations. The environmental agency plans to publish a notice on its proposal in the Federal Register on Nov. 19, hold a public hearing on the issue in mid-December and issue a final rule on Feb. 19, 1992.
"While there has been progress in controlling discharges of toxic pollutants, they nonetheless present the most significant remaining problem in industrial and municipal effluents," Mr. Reilly said. "The level of contamination in many of our lakes, bays and other water must come down."
The environmental agency's proposal is intended to reduce levels of 105 toxic compounds, including pesticides, solvents and heavy metals. Contamination by these compounds has made miles of rivers and lakes unsafe to swim in, the agency said today. Little Hardship Foreseen
Trace levels of toxic compounds found in the tissue of fish have caused states to issue 1,200 advisories warning anglers not to eat what they catch, Mr. Reilly said. Mercury contamination in lakes in the Middle West, New York and New England has made some game fish dangerous to eat. Most game fish caught in the Great Lakes contain measureable quantities of dioxin, PCBs and other toxic compounds.
Environmental experts said today that the E.P.A.'s proposal was not likely to produce substantial hardships for states or industries. New Jersey and several other states were already working to complete state limits for toxic contaminants. New Jersey's new rules could go into effect by next spring, said George Klenk, a spokesman for the Department of Environmental Protection and Energy.
Other states had set interim regulations to reduce toxic pollution. And industrial plants, particularly in the chemical industry, were anticipating stricter regulations and had modernized their pollution control equipment.
"Our industry has recently gone through a rebuilding of waste water treatment capabilities to meet new standards," said Joe Mayhew, director of environmental programs at the Chemical Manufacturers Association, an industry trade group in Washington. "For most of the chemicals on the E.P.A list, we're in good shape."
The most important result of the E.P.A. action today, some state officials said, may well be to help companies in the states like New York that had established their own limits for toxic chemicals and met the requirements of the 1987 Congressional law.
"What happened today is that E.P.A. finally leveled the playing field," said Thomas C. Jorling, Commissioner of the New York Department of Environmental Conservation.
States affected by the proposal are Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Hawaii, Idaho, Kansas, Louisiana, Michigan, New Hampshire, New Jersey, Nevada, Rhode Island, Vermont, Virginia and Washington. It would also affect the District of Columbia and the territories of Puerto Rico and the Northern Mariana Islands.