Senator MUSKIE. Now, the last six subdivisions to which you referred are all subdivisions of one of the divisions of Environmental Health, is that right?

Mr. STEIN. That is correct.

Senator MUSKIE. And that Division is called what?

Mr. STEIN. The Division of Water Supply and Pollution Control. Senator MUSKIE. Now, at the present time, are all activities relating to water pollution concentrated in this Division of Water Supply and Pollution Control?

Mr. STEIN. I would say practically all. The Division of Environmental Engineering and Food Protection deals with water supply activities, and I don't know that you can ever really draw a sharply defined line between water pollution control and water supply. But I would say to all intents and purposes at least, the administration of the Federal Water Pollution Control Act is vested in the Division of Water Supply and Pollution Control. I think this might be clearer with legislative history.

There is also a basic Public Health Service Act, which in section 301 authorizes research, demonstrations, and investigations, among other things, for the control of water pollution and the purification and treatment of water as related to diseases and impairments of man. This has been a function which has long been vested in the Public Health Service. And some of these functions are handled by the Division of Environmental Engineering and Food Protection.

Senator MUSKIE. So the one exception to the concentration of all water pollution activity in the Division of Water Supply and Pollution is the Division of Environmental Engineering.

Mr. STEIN. Well, it is the Division of Water Supply and Pollution Control. The exception is the Division of Environmental Engineering, yes.

Senator MUSKIE. That is the only exception?

Mr. STEIN. Yes, sir.

Senator MUSKIE. Are there any other regulatory programs enforced in the same organizational structure?

Mr. STEIN. In the bureau structure here, as far as I know, the only other one is the enforcment of the interstate quarantine regulations, which is the administration of that is vested in the Division of Environmental Engineering and Food Protection, and they largely are interested in the watering points for food and sanitation facilities on interstate carriers.

Senator MUSKIE. Now, the other divisions under Environmental Health are what? You have mentioned two of them.

Mr. STEIN. Well, the Division of Air Pollution, Division of Occupational Health, and Division of Radiological Health.

Senator MUSKIE. And these all come under one man?

Mr. STEIN. They each have division chiefs, but they all report to a bureau chief, who is one man, as we do.

Senator MUSKIE. And these are all regulatory programs on their own?

Mr. STEIN. No, sir. I think the only regulatory programs we have are the Divisions of Water Supply and Pollution Control, and a small part of the Division of Environmental Engineering and Food Protection.

Senator MUSKIE. Now, what is the nature of the other three programs?

Mr. STEIN. In terms of regulatory programs? I don't think they have any regulatory features at this time. Their programs are research, demonstrations, training, education, and stimulation of State programs, and a general awareness, and grant programs, of course. Senator MUSKIE. They would appear to be at a point in their evaluation that your program was perhaps 10 years ago, is that correct? Mr. STEIN. As far as regulation is concerned, yes. I think there is a question here whether some of these programs will ever have regulatory features.

In terms of personnel, for example, our division has over a thousand people in it throughout the country. As I understand, the figure last time was 1,082. These figures, of course, vary from day to day. But I think in terms of personnel in headquarters and in the field, we probably are by far the largest of the programs. And, of course, we do have a much more advanced regulatory feature than the other ones. Senator MUSKIE. With respect to your program, who do you regard as your superior? You are the head of Division of Water Supply and Pollution Control.

Mr. STEIN. No, sir. I have two hats. I am the Chief of the Enforcement Branch, which is one of those six branches. I also am an Assistant Chief of the Division, because I also have responsibility concerning Federal installations, grants to States and interstate agencies, interstate compacts, and State laws, among other things.

But the head of our Division, the man I report to, is Assistant Surgeon General Gordon E. McCallum.

Senator MUSKIE. Enforcement is your principal responsibility? And you are the top man in enforcement?

Mr. STEIN. I am the chief enforcement officer, yes, sir.

Senator MUSKIE. Do you make enforcement policy?

Mr. STEIN. No, sir.

Senator MUSKIE. Who determines when you should go into an enforcement proceeding?

Mr. STEIN. Let me say, I hope I help make enforcement policy-at least, recommendations.

I think we generally clear with six major people in an enforcement operation.

The six people are these. I make a recommendation to the Chief of the Division, Assistant Surgeon General Gordon McCallum. He forwards the recommendation to Dr. Robert Anderson, who is Chief of the Bureau-the Chief of the Bureau of Environmental Health, and Bureau of State Services and is in charge of Environment Health activities.

Third, this is forwarded by Dr. Anderson to the Surgeon General, Dr. Luther Terry. In turn, the recommendations are referred in an enforcement case to Assistant Secretary James M. Quigley. At the same time, the recommendation has to be checked and approved by the General Counsel of the Department, Mr. Willcox. And then, finally, by the Secretary, who is now, of course, Mr. Celebrezze.

Senator MUSKIE. I think there are more steps in this decisionmaking than there are in the TFX plane.

Mr. STEIN. Possibly. Maybe our problem is as complicated.

Senator MUSKIE. Now, with respect to the pollution program, and I am thinking specifically of the construction grant program, where does that originate?

Mr. STEIN. Well, the construction grant program is in the Construction Grants Branch. In that program, another branch chief, the head of the Construction Grants Branch, makes the recommedations. In that program, the decisionmaking authority is largely delegated to the regions, which can approve grants. If there is to be a disapproval of the grants, such a determination or recommendation comes into Washington and has to be resolved at the level of Environmental Health-the Bureau level.

Senator MUSKIE. So there is less delegation with respect to enforcement than there is with respect to construction grants?

Mr. STEIN. Yes. And I think that the way this came about was in the 1961 amendments. The authority for the program was vested in the Secretary for the first time. Prior to that time it had been vested by statute in the Surgeon General.

As I understand it from reading the committee reports, this was in accordance with the Hoover Commission recommendations that authority for all programs should be vested in the head of the department or the Cabinet officer, either on a broad or piecemeal basis as legislation came up.

The Congress did that. Delegations were made back to the Public Health Service, to the Bureau and to the Division, except in two areas. One of these was Enforcement, and the other was in the Federal Water Pollution Control Advisory Board.

Mr. Quigley, who generally looks after the program, and particularly, enforcement, has also been designated by the Secretary as Chairman of the Federal Water Pollution Control Advisory Board.

Senator MUSKIE. Is there any working relationship between your Branch and the Construction Grants Branch?

Mr. STEIN. Yes. There is some.

As you know, most of the people in our Branch, or at least, the top people in our Branch, have some kind of legal training. Most of the people in the Construction Grants Branch are engineers. When there is an interpretation of law or regulation, there is consultation.

Senator MUSKIE. Now, with respect to the Chief of the Division, the Chief of the Bureau of Environmental Health, the Surgeon General, their policymaking functions, I take it, are in areas other than enforcement also.

Mr. STEIN. Oh, yes.

Senator MUSKIE. How big a piece of their total responsibility is this?

Mr. STEIN. Well, I would say as you go up, it becomes smaller. I would say, as you can see in our Division, while I think it is a very important part, it is probably a sixth or less, because there are other functions the Division Chief has in his immediate office other than those listed here.

As you get up to the Bureau of Environmental Health, it becomes more diluted, and as you get up to the Bureau of State Services, of course, it is still a smaller function. And when you get up to the Surgeon General's Office, it becomes a very minor function.

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I would suspect that when this gets over to the Secretary's Office, the pendulum would begin to swing in the other direction, because they also have regulatory functions, in Food and Drug, and other programs.

Senator MUSKIE. What is the volume and nature of the decisions or recommendations which you initiate that must climb this ladder of responsibility?

Mr. STEIN. You mean the nature of the recommendations?

Senator MUSKIE. The 20 enforcement actions to which you testified this morning had to go this route.

Mr. STEIN. Yes, sir.

Senator MUSKIE. Are there any other decisions or activities that have to be approved in this way by the six superiors?

Mr. STEIN. Well, we only have one other function, and this is also in our Branch, that we handle, that as far as I know has to go this route, and these are reports on pending legislation. When the Congress asks us for a report on a bill involving any aspect of water, we have to go through the same route, with the additional step of the Bureau of the Budget.

Senator MUSKIE. Now, you have pending before you some 220 files of areas involving potential enforcement action on your part. Mr. STEIN. Yes, sir.

Senator MUSKIE. And those 220 you testified this morning-there were 90 which conceivably could generate some enforcement action, beginning with the initial conference, which is the first step.

Mr. STEIN. That is correct.

Senator MUSKIE. I have here a list of these 90 areas. I take it they were obtained from your Division.

Mr. STEIN. That is right.

Senator MUSKIE. Without objection, they will be included in the record at this point.

(The list referred to follows:)

1. Allegheny River (New York, Pennsylvania).

2. Applegate River-Eliot River (California, Oregon).

3. Arkansas River, area I (Colorado, Kansas).

4. Arkansas River, area II (Kansas, Oklahoma).

5. Arkansas River, area III (Oklahoma, Arkansas).

6. Batten Kill (Vermont, New York).

7. Green River (Kentucky, Tennessee).

8. Big Sandy River (Kentucky, West Virginia, Virginia).

9. Big Horn River (Wyoming, Montana).

10. Big Sioux River (South Dakota, Iowa).

11. Blackstone River (Massachusetts, Rhode Island).

12. Bodcau River (Arkansas, Louisiana).

13. Buntings Branch (Delaware, Maryland).

14. Byram River (Connecticut, New York).

15. Connecticut River, upper (New Hampshire, Vermont).

16. Connecticut River, lower (Massachusetts, Connecticut).

17. Catawba and Wateree Rivers (North Carolina, South Carolina).

18. Chattahoochee, upper (Alabama, Georgia).

19. Chattahoochee, lower, (Alabama, Georgia, Florida).

20. Coosa River (Alabama, Georgia).

21. Delaware River (New York, Pennsylvania, New Jersey, Delaware). 22. Des Moines River (Minnesota, Iowa, Missouri).

23. Delores River (Colorado, Utah).

24. French River (Massachusetts, Connecticut).

25. French Broad River (Tennessee, North Carolina).

26. Grand Calumet and Little Calumet Rivers (Indiana, Illinois). 27. Grand (Neosho) River (Kansas, Oklahoma).

28. Green River (Wyoming, Utah).

29. Hoosic River (Vermont, Massachusetts, New York).

30. Kanab Creek (Utah, Arizona).

31. Kanawha River, tributary to Ohio River (West Virginia, Ohio). 32. Klamath River (Oregon, California).

33. Leviathan Creek (California, Nevada).

34. Little Blue River (Nebraska, Kansas).

35. Lost River (Oregon, California).

36. Mahoning River (Ohio, Pennsylvania).

37. Malad Rivers (Idaho, Utah).

38. Marais Des Cygnes River (Kansas, Missouri).

39. McElmo Creek (Colorado, Utah).

40. Menominee River (Wisconsin, Michigan).

41. Merrimack River (New Hampshire, Massachusetts).

42. Mississippi River, area I (Minnesota, Wisconsin).

43. Mississippi River, area IX (Memphis, Tenn., Vicksburg, Miss.) (Tennessee, Arkansas, Mississippi, Louisiana).

44. Mississippi River, area X (Vicksburg, Miss., mouth) (Mississippi, Louisiana). 45. Missouri River, including lower Yellowstone River (Montana, North Dakota, South Dakota).

46. Monongahela River (West Virginia, Maryland, Pennsylvania).

47. Montreal River (Michigan, Wisconsin).

48. Nashua River (Massachusetts, New Hampshire).

49. Nolichucky River (North Carolina, Tennessee).

50. Ochlockonee River (Georgia, Florida).

51. Ohio River, I-Pittsburgh, Pa., Pennsylvania State line (Ohio, Pennsylvania). 52. Ohio River, II-Pennsylvania State line, Huntington, W. Va. (West Virginia, Ohio).

53. Ohio River, III-Huntington to above Cincinnati (Kentucky, West Virginia, Ohio).

54. Ohio River, IV (Indiana, Kentucky, Ohio).

55. Ohio River, V (Illinois, Kentucky, Indiana). 56. Ouachita River (Arkansas, Louisiana).

57. Pigeon River (North Carolina, Tennessee).

58. Pawcatuck River (Rhode Island, Connecticut).

59. Pea and Choctawhatchee Rivers (Alabama, Florida).

60. Pearl River (Louisiana, Mississippi).

61. Piscataqua River (New Hampshire, Maine).

62. Potomac River, Luke-Cumberland area (Maryland, West Virginia).

63. Quinebaug River (Massachusetts, Connecticut).

64. Red River, upper (Arkansas, Oklahoma, Texas).

65. Red River, lower (Arkansas, Louisiana).

66. Red River of the North (Minnesota, North Dakota, South Dakota).

67. Rio Grande River (Texas, New Mexico).

68. Roanoke River (Virginia, North Carolina).

69. Rock River (Illinois, Wisconsin).

70. Saco River (New Hampshire, Maine).

71. St. Croix River (Minnesota, Wisconsin).

72. Hudson and East Rivers (tributary to Raritan Bay enforcement area).

73. Snake River, area II (Idaho, Oregon).

74. Snake River, area III (Washington, Idaho).

75. St. Louis River (Wisconsin, Minnesota).

76. St. Mary's River (Georgia, Florida).

77. Chattooga, Tugaloo, Seneca and upper Savannah Rivers (South Carolina, Georgia).

78. Savannah River, lower (South Carolina, Georgia).

79. Savannah River, mouth (South Carolina, Georgia).

80. South Platte (Colorado, Nebraska).

81. Suwannee River (Georgia, Florida).

82. Susquehanna River (north branch) (Pennsylvania, New York).

83. Ten Mile River (Rhode Island, Massachusetts).

84. Tennessee River (Georgia, Tennessee, Alabama).