Environmental Research, Development, and Demonstration Authorization Act
PL 95-477 (H.R.11302), enacted 10/18/1978

PUBLIC LAW 95-477—OCT. 18, 1978 
92 STAT. 1507 
Public Law 95-477 
95th Congress 
An Act 
To authorize appropriations for environmental research, development, and 
demonstrations for the fiscal year 1979, and for other purix^es. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Environmental Research, 
Development, and Demonstration Authorization Act of 1979". 
TROGRAM AUTHORIZATIONS 
SEC. 2. (a) Theie are authorizexi to be appropriated to the Environ-
mental Protection Agency for environmental research, development, 
and demonstration activities for the fiscal year 1979 for the following 
activities: 
(1) $82,925,000 for water quality activities authorized under 
the Federal Water Pollution Control Act of which— 
(A) $24,001,000 is for the Health and Ecological Effects 
program; 
(B) $11,875,000 is for the Industrial Processes program; 
(C) $5,539,000 is for the Monitoring and Technical Sup-
port program; 
(D) $12,000,000 for the Public Sector Activities program; 
and 
(E) $29,510,000 is for the Energy program. 
(2) $11,998,000 for activities authorized under the Federal 
Insecticide, Fungicide, and Rodenticide Act of which— 
(A) $10,798,000 is for the Health and Ecological Effects 
program; and 
(B) $1,200,000 is for ihe> Industrial Processes program. 
(3) $20,150,000 for water supply activities authorized under 
the Safe Drinking Water Act in the Public Sector Activities 
program, including groundwater research. 
(4) $12,782,000 for toxic substance control activities authorized 
under the Toxic Substances Control Act of which— 
(A) $8,862,000 is for the Health and Ecological Effects 
program; 
(B) $720,000 is for the Industrial Processes program; and 
(C) $3,200,000 is for the Monitoring and Technical Sup-
port program. 
(51 $2,500,000 for radiation activities authorized under the 
Public Health Act, in the Health and Ecological Effects program. 
(6) $159,962,000 for air quality activities authorized under the 
Clean Air Act of which— 
(A) $37,414,000 is for the Health and Ecological Effects 
program; 
(B) $6,000,000 is for the Industrial Processes program; 
Oct. 18, 1978 
[H.R. 11302] 
Environmental 
Research, 
Development, 
and 
Demonstration 
Authorization Act 
of 1979. 
33 u s e 1251 
note. 
7 u s e 136 note. 
42 u s e 300f 
note. 
15 u s e 2601 
note. 
42 u s e 201 note. 
42 u s e 1857 
note. 
92 STAT. 1508 
PUBLIC LAW 95-477—OCT. 18, 1978 
42 
use 6901 
note. 
42 
use 4901 
note. 
Transfer of funds, 
restriction. 
Pollution control 
technologies 
demonstrations. 
42 u s e 4363a. 
33 u s e 1251 
note. 
(C) $16,283,000 is for the Monitoring and Technical Sup-
port program; and 
(D) $100,255,000 is for the Energy program. 
(7) $11,912,000 for solid waste activities authorized under the 
Resource Conservation and Recovery Act in the Public Sector 
Activities program. 
(8) $4,000,000 for noise control activities authorized under the 
Noise Control Act of which— 
(A) $2,000,000 is for the Health and Ecological Effects 
program; and 
(B) $2,000,000 is for the Industrial Processes program. 
(9) $36,285,000 for intermedia activities of which— 
(A) $7,500,000 is for the Health and Ecological Effects 
program; 
(B) $25,000 is for the Public Sector Activities program; 
(C) $14,900,000 is for the Monitoring and Technical Sup-
port program; and 
(D) $13,860,000 is for the Anticipatory Research program. 
(b) There is authorized to be appropriated to the Environmental 
Protection Agency, Office of Research and Development, for the fiscal 
year 1979, for pr-ogram management and support, $23,060,000. 
(c) No funds may be transferred from any particular category 
listed in subsection (a) or (b) to any other category or categories 
listed in either such subsection if the total of the funds so transferred 
from that particular category w^ould exceed 10 per centum thereof, 
and no funds may be transferred to any particular category listed in 
subsection (a) or (b) from any other category or categories listed in 
either such subsection if the total of the funds so transfei'red to that 
particular category would exceed 10 per centum thereof, unless— 
(1) a period of thirty legislative days has passed after the 
Administrator of the Environmental Protection Agency or his 
designee has transmitted to the Speaker of the House of Repre-
sentatives and to the President of the Senate a written report con-
. 
taining a full and complete statement concerning the nature of 
the transfer involved and the reason therefor; or 
(2) each committee of the House of Representatives and the 
Senate having jurisdiction over the subject matter iuArolved, 
before the expiration of such period, has transmitted to the 
Administrator written notice to the effect that such committee has 
no objection to the proposed action. 
(d) (1) The Administrator shall continue to be responsible for con-
ducting and shall continue to conduct full scale demonstrations of 
energy-related pollution control technologies as nex?essary in his 
judsrment to fulfill the provisions of the Clean Air Act as amended, 
the Federal Water Pollution Control Act as amended, and othei- perti-
nent pollution control statutes. 
(2) Energy-related environmental protection projects which were 
authorized to be administei'ed by the Environmental 
Protection 
Agency in fiscal year 1978 shall not be transferred administratively 
or through budget amendment to the Department of Energy, nor 
shall funding for future years for the Environmental Protection 
Agency foi- such projects under this Act be reduced as a result of any 
present or proposed administrative or budget transfer. No action 
shall be taken through administrative or budgetary means to diminish 
the ability of the Environmental Protection Agency to initiate such 
projects. 
PUBLIC LAW 95-477—OCT. 18, 1978 
92 STAT. 1509 
SPECIAL AUTHORIZATIONS 
SEC. 3. (a)(1) There is authorized to be appropriated to the Environ-
mental Protection Agency for the fiscal year 1979, for grants for long-
term environmental research programs at universities or other such 
research institutions, $7,000,000. 
(2) These grants are for the purpose of developing continuing 
centers for environmental research and training in the engineering, 
physical, natural, health, and social sciences. 
(b) There is authorized to be appropriated to the Environmental 
Protection Agency for the fiscal year 1979, to implement the study 
authorized in section 408(d) of the Clean Air Act Amendments of 
1977 (Public Law 95-95), $3,000,000. 
(c) (1) There is authorized to be appropriated to the Environmental 
Protection Agency for the fiscal year 1979, $1,000,000, and for the 
fiscal year 1980, $1,000,000, for a study and report, to be conducted 
outside the Federal Government, on (A) coordination of the Federal 
Government's efforts in environmental research, development, and 
demonstration, and (B) the application of the results of such efforts 
to environmental problems. 
(2) The study shall be conducted under a contract let by the Admin-
istrator. Such contract shall (A) be developed in consultation with an 
interagency advisory committee whose membership includes repre-
sentatives of the Office of Management and Budget and of all agencies 
conducting or using the results of environmental research, and (B) 
provide for an oversight and review role by the National Academy of 
Sciences. 
(3) The study shall conclude with a report to be submitted to the 
President, the Administrator, and the Congress within two years after 
the date of the enactment of this Act. The report shall include recom-
mendations for action by the President, the Administrator, other 
agencies, or the Congress, as may be appropriate. 
(4) The report shall not be subject to any prior clearance or review 
(except as specifically provided in this subsection), nor shall any 
such prior clearance be a part of the contract let under paragraph (2). 
(d)(1) There is authorized to be appropriated to the Environmental 
Protection Agency, for grants to qualified citizens groups in States 
and regions, $3,000,000. 
(2) Grants under this subsection may be made for the purpose of 
supporting and encouraging participation by qualified citizens groups 
in determining how scientific, technological, and social trends and 
changes affect the future environment and quality of life of an area, 
and for setting goals and identifying measures for improvement. 
(8) The term "(Qualified citizens group'' shall mean a nonprofit 
organization of citizens having an area based focus, wliich is not single-
i^sue oriented and wliich can demonstrate a prior record of interest 
and involvement in goal-setting and research concerned with improv-
ing the quality of life, including plans to identify, protect and enhance 
significant natural and cultural resources and the environment. 
(4) A citizens gi-oup shall be eligible for assistance only if certified 
by the Governor in consultation with the State legislature as a bona-
fide organization entitled to receive Federal assistance to pursue the 
aims of this program. The group shall further demonstrate its capacity 
to employ usefully the funds for the purposes of this program and its 
broad-based representative nature. 
Grants. 
42 use 7401 
note. 
Study and report. 
42 use 4366 
note. 
Contract. 
Submittal to 
President, 
Administrator, 
and eongress. 
Grants. 
42 u s e 4368. 
"Qualified 
citizens group. 
Eligible group 
certification. 
92 STAT. 1510 
PUBLIC LAW 95-477—OCT. 18, 1978 
Annual 
recertification 
and 
reapplication. 
(5) After an initial application for assistance under this section has 
been approved, the Administrator may make grants on an annual basis, 
on condition that the governor recertify the group and that the appli-
cant submits to the Administrator annually— 
(A) an evaluation of the progress made during the previous 
year in meeting the objectives for which the grant was made; 
(B) a description of any changes in the objectives of the activi-
ties; and 
(C) a description of the proposed activities for the succeeding 
one year period. 
(6) A grant made under this program shall not exceed 75 per centum 
of the estimated cost of the project or program for which the grant is 
made, and no group shall receive more than $50,000 in any one year. 
(7) No financial assistance provided under this subsection shall be 
used to suppoi't lobbying or litigation by any recipient group. 
42 use 6952. 
Availability to 
congressional 
committees. 
42 use 4369. 
42 use 5910. 
OTIIKIl AUTHORIZATIONS 
SEC. 4. There is authorized to be appropriated to the Secretary of 
Commerce for the fiscal year 1979, for use by the National Bureau of 
Standards— 
(1) $3,000,000 for research in the area of envii'onmental 
measurement sciences; and 
(2) $2,000,000 to carry out activities authorized in section 5002 
of the Resource Conservation and Recovery Act of 1976 (Public 
Law 94-580). 
MISCELLANEOUS REPOKTS 
SEC. 5. (a) All repoi-ts to or by the Administi'ator relevant to the 
Agency's program of research, development, and demonstration shall 
promptly be made available to the Committee on Science and Tech-
nology of the House of Representatives and the Committee on Environ-
ment and Public Works of the Senate, unless otherwise prohibited by 
law. 
(b) The Administrator shall keep the Committee on Science and 
Technology of the House of Representatives and the Committee on 
Environment and Public Works of the Senate fully and currently 
informed with respect to matters falling within or related to the juris-
diction of the committees. 
(c) The i-eports provided for in section 11 of Public Law 93-577 
shall be made available to the public for comment, and to the heads of 
affected agencies for comment and, in the case of recommendations for 
action, for r-esponse. 
(d) For the purpose of assisting the Department of Energy in 
planning and assigning priorities in research development and demon-
stration activities related to environmental control technologies, the 
Administiator shall actively make available to the Department all 
information on research activities and results of research programs of 
the Environmental Protection Agency. 
STAFF MANAGEMENT 
EPA employees, 
appointments for 
educational 
programs. 
42 u s e 4361c. 
SEC. 6. (a)(1) The Administrator is authorized to select and 
appoint up to 75 full-time permanent staff members in the Office of 
Research and Development to pursue full-time educational programs 
for the purpose of (A) securing an advanced degree or (B) securing 
PUBLIC LAW 95-477—OCT. 18, 1978 
92 STAT. 1511 
academic training, for the purpose of making a career change in 
order to better carry out the Agency's research mission. 
(2) The Administrator shall select and appoint staff members for 
these assignments according to rules and criteria promulgated by him. 
The Agency may continue to pay the salary and benefits of the 
appointees as well as reasonable and appropriate relocation expenses 
and tuition. 
(3) The term of each appointment shall be for up to one year, with 
a single renewal of up to one year in appropriate cases at the discre-
tion of the Administrator. 
(4) Staff members appointed to this program shall not count against 
any Agency personnel ceiling during the term of their appointment. 
(b) (1) The Administrator is authorized to appoint up to 25 Post-
doctoral Kesearch Fellows in accordance with the provisions of sec-
tion 213.3102 (aa) of title 5 of the Code of Federal Kegulations. 
(2) Persons holding these appointments shall not count against any 
personnel ceiling of the Agency. 
(c) (1) The Administrator is authorized and encouraged to utilize 
research associates from outside the Federal Government in conduct-
ing the research, development, and demonstration programs of the 
Agency. 
(2) These persons shall be selected and shall serve according to 
rules and criteria promulgated by the Administrator. 
(d) For all programs in this section, the Administrator shall place 
special emphasis on providing opportunities for education and train-
ing of w^omen and minority groups. 
Salaries and 
expenses. 
Term. 
REUSE o r 
WASTEWATERS 
SEC. 7. (a)(1) Section 5(a)(2) of the Environmental Research, 
Development, and Demonstration Authorization Act of 1978 (Public 
Law 95-155) is amended by inserting "agricultural use or" imme-
diately after "reuse of wastewaters for drinking and'". 
(2) This subsection shall become effective October 1, 1978. 
(b) (1) Not later than nine months after the date of enactment of 
this Act, the Administrator shall promulgate guidelines establishing 
supplemental standards or treatment technique requirements for 
microbiological, viral, radiological, organic, and inorganic contami-
nants, which guidelines shall be conditions, as provided in paragraph 
(2), of any grant for a demonstration project for water reclamation, 
recycling, and reuse funded under section 5 of Public Law 95-155 or 
under section 1444(a)(2) of the Public Health Service Act, where 
such project involves direct human consumption of treated wastewater. 
Such guidelines shall provide for sufficient control of each such con-
taminant, such that in the Administrator's judgment, no adverse effects 
on the health of persons may reasonably be anticipated to occur, allow-
ing an adequate margin of safety. 
(2) A grant referred to in paragraph (1) for a project which 
involves direct human consumption of treated wastewater may be 
awarded on or after the date of promulgation of guidelines under 
this subsection only if the applicant demonstrates to the satisfaction 
of the Administrator that the project— 
(A) will comply with all national primary drinking water 
regulations under section 1412 of the Public Health Service Act; 
(B) will comply with all guidelines under this subsection; and 
(C) will in other respects provide safe drinking water. 
42 u s e 300j-3a. 
42 u s e 300j-3a 
note. 
eontaminant 
standards or 
treatment 
techniques, 
guidelines. 
42 u s e 300j-3b. 
Grant awards, 
criteria. 
42 u s e 300g-l. 
92 STAT. 1512 
PUBLIC LAW 95-477—OCT. 18, 1978 
Any such grant awarded before the date of promulgation of such 
guidelines shall be conditioned on the applicant's agreement to comply 
to the maximum feasible extent with such guidelines as expeditiously 
as practicable following the date of promulgation thereof. 
(3) Guidelines under this subsection may, in the discretion of the 
A d m 
inistr 
ator— 
(A) be nationally and uniformly applicable to all projects 
42 use 300i-3a. 
funded under section 5 of Public Law 95-155 or section 1442(a) 
(2) of the Public Health Service Act; 
(B) vary for diiferent classes or categories of such projects (as 
determined by the Administrator); 
(C) be established and applicable on a project-by-project basis; 
or 
(D) any combination of the above. 
(4) Nothing in this subsection shall be construed to prohibit or delay 
the award of any grant referred to in paragraph (1) prior to the date 
of promulgation of such guidelines. 
(c) There is authorized to be appropriated to the Administrator for 
the fiscal year 1979, for purposes of section 5 of the Environmental 
Research, Development, and Demonstration Authorization Act of 
1978, $15,000,000. 
Approved October 18, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-985 (Comm. on Science and Technology) and No. 95-1593 
(Comm. of Conference). 
SENATE REPORT No. 95-877 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Apr. 27, considered and passed House. 
May 26, considered and passed Senate, amended. 
Sept. 26, Senate agreed to conference report. 
Oct. 4, House agreed to conference report.