GOVERNMENT
Nixon details pollution superagency plans Administration views proposed new agencies as a "good beginning," hints at further organizational changes in the future Congress probably won't tinker much with President Nixon's proposals to set up an independent Environmental Protection Agency (EPA) and a National Oceanic and Atmospheric Administration (NOAA). Formal proposals for both agencies went to Congress 12 days ago. EPA would have an estimated fiscal 1971 budget of $1.4 billion, 5650 personnel, and would bring together under one roof—just where hasn't been decided—major federal pollution control programs now located in four
w President Nixon Avoids organizational indigestion
agencies and one interagency council. NOAA would have a fiscal 1971 budget of about $270 million, more than 12,000 personnel, and would bring together in the Commerce Department programs now scattered in four departments and one agency (foimajor components of both agencies see box). In proposing EPA as an independent agency, Mr. Nixon went against one of his own principles : New independent agencies normally should not be created. Mr. Nixon found, however, 32 C&EN JULY 20, 1970
that arguments against putting EPA into an existing agency or department were "compelling"—particularly the argument that pollution abatement standard setting needs to be insulated from the promotional interests of federal agencies and departments. Mr. Nixon says that combining most of the federal pollution control effort into one agency will upgrade the effectiveness of the Government's major pollution control programs, provide a central focus for evaluating all pollution-related activities of the Federal Government, and clarify industry responsibility by providing consistent standards and a single enforcement agency. EPA chores include setting and enforcing standards; conducting research on the effects of pollution and on methods and equipment for controlling it; assisting others, through grants, technical assistance, and other means to arrest pollution; and assisting the Council on Environmental Quality (CEQ) in developing and recommending new environmental policies. No problem. Mr. Nixon foresees no problem in coordinating the activities of CEQ with EPA. CEQ, he says, is a top-level advisory group (comparable to the Council of Economic Advisers) concerned with all aspects of environmental qualitywildlife preservation, parklands, land use, and population growth, as well as pollution—and focuses on broad policies. EPA is a "line" organization charged with protecting the environment by abating pollution and focuses on setting and enforcing pollution control standards. The President's Cabinet Committee on the Environment and his National Industrial Pollution Control Council are not touched by the reorganization. The reorganizations shift personnel, agencies, and their functions, but do not modify the missions of the agencies. Russell Train, CEQ chairman, points out that EPA will pick up standardsetting and enforcement programs for air, water, and solid waste pollution. EPA would license pesticides and would decide what pesticides can be used, where they can be used, and conditions for their use. It would set the levels of pesticides permissible on food products reaching the consumer,
CEQ's Russell Train Interior still counts
but authority to take products off the market would remain with FDA. EPA would get the radiation standardsetting functions of AEC and the Federal Radiation Council, but AEC would still enforce radiation standards and would retain its licensing authority. Not all federal antipollution activities are moved to EPA. Most notably, standard setting and abatement of aircraft noise remain in the Department of Transportation. Regulation of radiation from consumer products, for instance, and occupational health and safety would remain in H E W . Interior hit. The President's action hits hard at the Interior Department and Interior Secretary Walter Hickel. Mr. Hickel had worked long and hard at building Interior toward what he viewed as the lead federal agency in environmental matters. Mr. Train comments that traditional conservation programs such as the national parks, Bureau of Outdoor Recreation, Bureau of Sports, Fisheries and Wildlife, and other programs such as mineral resources and water development would remain in Interior. Some White House observers predict that Mr. Nixon may well combine what's left of Interior with some elements of the Agriculture Department— the Forest Service, for instance, and maybe the Army's Corps of Engineers— to form a Department of Natural Resources. The President in his message to Congress accompanying the proposals Continued on page 37
Proposed Environmental Protection Agency (EPA) would consist of Programs
From
Federal Water Quality Administration
Interior
National Air Pollution Control Administration
HEW
Bureau of Solid Waste Management
HEW
Bureau of Water Hygiene
HEW
Bureau of Radiological Health (portions of)
HEW
Pesticide research and standards setting of Food and Drug Administration and Interior
HEW and Interior
Pesticides registration authority
Agriculture
Authority to conduct ecological research
Council on Environmental Quality
Federal Radiation Council
Executive Office of the President
Environmental radiation protection standard setting
A EC
while new National Oceanic and Atmospheric Administration (NOAA) would include: Programs
From
Environmental Science Services Administration
Commerce
Bureau of Commercial Fisheries
Interior
Marine Minerals Technology, part of Bureau of Mines
Interior
Marine Sports Fishing, Bureau of Sports Fisheries and Wildlife
Interior
Office of Sea Grant Programs
NSF
U.S. Lake Survey, Army Corps of Engineers
Army
National Océanographie Data and Instrumentation Centers
Navy
National Data Buoy Program of the Coast Guard
Transportation
Continued from page 32 hints that further reorganization is afoot ("It may well be that in the future I shall recommend further changes") and views the two reorganizations sent to Congress as a "sound and significant beginning." Mr. Nixon adds that he wants to avoid "organizational indigestion" from trying to rearrange too much at once. Mr. Nixon's decision to put NOAA in the Commerce Department rather than set up an independent agency follows his personal mandate against setting up new agencies and avoids dismembering a second Cabinet-level department. Commerce would have lost a major component, the Environmental Science Services Administration (ESSA), had the President elected to follow a recommendation of the Commission on Marine Science, Engineering, and Resources which calls for creating an independent oceans and atmospheric agency. ESSA, which includes the Weather Bureau, Coast and Geodetic Survey, Environmental Data Service, National Environmental Satellite Center, and research laboratories, will account for about 70% of NOAA's personnel and $200 million of NOAA's $270 million fiscal 1971 budget. The other major departure from the
commission's recommendations is that the Coast Guard will remain in the Department of Transportation rather than becoming an element of NOAA. The U.S. oceans program has suffered from lack of overall planning and a systems approach, Mr. Nixon says, adding that impetus toward oceanic affairs has been much less than it should be. NOAA, which would coordinate its own scientific and technical resources with those of other government agencies and those of private institutions, is aimed at changing that. To help Mr. Nixon measure the success of NOAA, a National Advisoiy Committee for the Oceans and Atmosphere will be named by the Secretary of Commerce. The National Council on Marine Resources and Engineering Development, chaired by Vice President Agnew, probably will go out of business in about a year. Reaction favorable. The President's proposals are assured of reasonably smooth sailing through Congress. Mr. Train comments that Congressional reaction to the proposals has been exceedingly good. For instance, long-time environmental advocate Sen. Edmund S. Muskie (D.-Me.), who had introduced legislation to set up a similar environmental agency, views the reorganization as a "good
beginning," but "not the final answer." For weeks before the plan was sent to the Hill, Administration members met with Senators and Representatives to iron out any major objections. Still, there will be grumbling and muttering by some members of both Houses that the proposals don't go far enough or that they go too far. If the proposal for a National Oceanic and Atmospheric Administration isn't voted down by either chamber in 60 working days this session, then NOAA will go into effect. Similarly, if EPA isn't voted down in 60 working days it, too, will go into effect, but because of the complexity in forming EPA, Mr. Nixon says, the agency won't begin work until 60 days after the plan is approved. Administrators of both agencies will be selected by the President, with the advice and consent of the Senate. EPA, which reports directly to the President, will need a hard-nosed, tough administrator, someone who can withstand a lot of heat. Some in Washington speculate that CEQ chairman Train will get the post but most are betting on someone from outside the major federal pollution control agencies. For NOAA, many speculate that the front runner is Dr. Robert M. White, head of ESSA. JULY 20, 1970 C&EN
37
