93 



by the Federal Radiation Council. Pursuant to Reorganization Plan No. 3 of 

 1970 (effective December 2, 1970) the functions of the FRC were transferred 

 to the Environmental Protection Agency, which now has the responsibility to 

 set standards for the protection of the general environment from radioactive ma- 

 terials. As with the disposal of radioactive wastes, the AEC has exercised its 

 authority over the discharge of radioactive effluents by strictly controlling and 

 limiting such releases. We do not believe that experience has shown any need 

 for an additional system of control over such discharges or disposal. 



Unlike the other bills mentioned above, H.R. 4247 and H.R. 4723 avoid the 

 problem of dual regulation in the atomic energy field. Under these bills AEC 

 would be required to consult with the Administrator before issuing a permit 

 for any activity which would otherwise be within the scope of the statute, and 

 would also be required to comply with the standards set by the Administrator 

 respecting limits on radiation exposures or levels, or concentrations or quantities 

 of radioactive material. 



In our view, the pro'posed legislation embodied in H.R. 4247 and H.R. 4723 

 would provide for more comprehensive and effective regulation of the discharge 

 of materials into the marine environment than w^ould the other bills. Moreover, 

 we feel that enactment of any of the ottier bills could give rise to serious prob- 

 lems which are avoided in the careful draftsmanship of the proposed legisla- 

 tion of the President 



We recommend that favorable consideration be given to enactment of the text 

 of H.R. 4247 and H.R. 4723. We believe that the other bills, which cover many 

 of the same areas as H.R. 4247 and H.R. 4723, are not as well drawn as those 

 two bills and should not be enacted into law in their present form. 



The Office of Management and Budget has advised that there is no objection 

 to the presentation of this report from the standpoint of the Administration's 

 program. 



Cordially, 



Glenn T. Seaborg, Chairman. 



U.S. Atomic Enesigy Commission, 



Washington, D.C., April 7, 1971. 

 Hon. Edward A. Garmatz, 



Chairman, Committee on Merchant Marine and Fisheries, House of Representa- 

 tives, Washington, D.C. 



Dear Mr. Garmatz : The Atomic Energv Commission is pleased to reply to 

 your requests for our views on H.R. 285, H.R. 337, H.R. 549, H.R. 983, H.R. 1095, 

 H.R. 4217, and H.R. 4584, bills relating to the regulation of discharges of specified 

 materials into the navigable waters of the United States or international AA^aters. 



We note that these bills are identical or substantially similar to proposed 

 legislation introduced in the 91st Congress. Our comments on the prior bills were 

 submitted for your Committee's consideration by our letters dated October 30, 

 1970. 



As we then explained, we strongly sup'port effective measures to protect and 

 preserve our environment ; however, we did not f aA'or enactment of those bills 

 because they appeared to be unnecessary. Additionally, we believe they would 

 have interfered with the functions of AEC under the xltomic Energy Act, with- 

 out adding something of substantive benefit. 



As noted in our earlier replies, at the President's request the Council on En- 

 vironmental Quality undertook an intensive study of pollution in the marine en- 

 vironment. The results of CEQ's study were subsequently made public by the 

 President on October 7, 1970. In implementation of the policy recommendations 

 embodied in the Council's report, the Administration recently transmitted a 

 proposed bill to the Congress which would provide for comprehensive regulation 

 of the discharge of materials into the oceans and coastal waters, as well as the 

 Great Lakes. H.R. 4247, and your bill H.R. 4723, introduced in February, set forth 

 the Administration's legislative proposal. In a companion letter today, we have 

 submitted our comments to you on H.R. 4247 and H.R. 4723 and several other bills 

 concerned with dumping. 



Respecting navigable waters which may not be covered by H.R. 4247 and 

 H.R. 4723, legislative authority already exists for the regulation and control of 

 discharges into such waters. Under the Federal Water Pollution Control Act, as 



