92 



environment ; the Administrator would be obliged to take into account a number 

 of factors specified in the bills, including the effect of the dumping on human 

 health and welfare. No permit could be issued for the disposal of certain specified 

 wastes, including "radioactive wastes". Section 9('a) of H.R. 4359 (not contained 

 in H.R. 3662) would require that the Secretary of Commerce designate iwrtions 

 of the waters encompassed by the bill, as well as adjacent land areas, as marine 

 sanctuaries. The Administrator of EPA would be prohibited from issuing or 

 renewing any permit for the disposal of any wastes "in any area designated or 

 under study for possible, designation as a marine sanctuary." 



H.R. If^Jft and H.R. 4723. — These identical bills, which are favored by the 

 Administration, would (1) carefully regulate the transportation of materials 

 from the United States for the purpose of disposal in the oceans and coastal and 

 other waters of the United States, and (2) dumping in waters over which the 

 United States has jurisdiction. The term "dumping" and other key words in 

 these bills are clearly defined. Both transportation and dumping would be pro- 

 hibited unless the Administrator of EPA issues an authorizing permit. The 

 Administrator may issue such permits "where the applicant presents infbrma- 

 tion respecting the proposed activity which in the judgment of the Administrator 

 indicates that such transportation, or dumping, or both will not unreasonably 

 degrade or unreasonably endanger human health, welfare, or amenities, or 

 the marine environment, ecological systejns, or economic potentialities." 



In reviewing permit applications the Administrator would be guide'd by cri- 

 teria to be established by him in consultation with certain named Federal 

 agencies, including the Atomic Energy Commission, as well as "other appro- 

 priate Federal. State, and local officials." 



The Administrator would have very broad authority with respect to types and 

 scopes of permits, but no permit could be issued for dumping that would violate 

 applicable water quality standards. The bills provide that transportation or 

 dumping without a permit would be permitted in emergency situations where 

 necessary to safeguard hiunan life ; in such excepted instances, reports must be 

 furnished to the Administrator "within such time and under such conditions as 

 he may prescribe by regulation." 



Under the caption "Relationship to Other Laws" the bills provide, among 

 other things, that : 



"(b) Nothing in this Act shall abrogate or negate any existing responsibility 

 or authority contained in the Atomic Energy Act of 1954, as amended, and sec- 

 tion 4 and subsection 7(a) of this Act shall not apply to any activity regulated 

 by that Act : Provided, The Atomic Energy Commission shall consult with the 

 Administrator prior to issuing a permit to conduct any activity which would 

 otherwise be regulated by this Act. In issuing any such permit, the Atomic Energy 

 Commission shall comply with standards set by the Administrator respecting 

 limits on radiation exposures or levels, or concentrations or quantities of radio- 

 active material. In setting such standards for application to the oceans, coastal, 

 and other waters, or for specific portions of such waters, the Administrator 

 shall consider the policy expressed in subsection 2(b) of this Act and the factors 

 stated in subsections 5(a) (1) and 5(a) (2) of this Act." 



This provision recognizes that the Atomic Energy Act of 1954, as amended, 

 vests the Atomic Energy Commission with regulatory authority over the con- 

 struction and operation of nuclear facilities and the possession and use of cer- 

 tain defined nuclear materials, including the disposal of all radioactive materials 

 except radioactive material produced in accelerators and naturally occurring 

 radium and its daughters. 



AEC has not permitted ocean disposal of high-level radioactive wastes from 

 fuel reprocessing operations. Although the disposal of low-level liquid wastes 

 from such facilities as nuclear power plants and the dumping of solid, packaged 

 radioactive wastes into the ocean have been permitted, AEC has strictly con- 

 trolled and limited the quantities and types of wastes disposed in this manner. 

 In fact, AEC itself has made no sea disposals during the past eight years and 

 has not issued any licenses for this purpose since 1960. The four existing licenses 

 have seldom been used. 



The discharge of radioactive effluents from AEC licensed facilities is subject 

 to a comprehensive system of Federal regulations and licensing requirements, 

 which are contained in 10 CFR Parts 20 and 50 of the Commission's regula- 

 tions. These regulations are based upon recommendations which have been made 



