95 



The bills were introduced as a result of a proposal submitted to the Congress 

 in connection with the President's environmental message of February 8, 1971. 

 The Department of Defense supports the bills and recommends enactment. 



The Office of Management and Budget advises that, from the standpoint of the 

 Administration's program, there would be no objection to the presentation of this 

 report for the consideration of the Committee, and that the enactment of H.R. 

 4247 or H.R. 4723 would be in accord with the program of the President. 

 Sincerely yours, 



J. Feed Buzhakdt. 



Envikonmental Protection Agency, 



Washington, B.C., April G, 1971. 

 Hon. Edward A. Garmatz, 



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

 tives, Washington, B.C. 

 Dear Mr. Chairman : As requested, we submit herewith the views of the 

 Environmental Protection Agency on the following legislative proposals, most of 

 which will be the subject of joint legislative hearings to be held by the Subcom- 

 mittee on Oceanography and the Subcommittee on Fisheries and Wildlife Con- 

 servation during the week of April 5, 1971 : H.R. 285, 336, 337. 548, 549, 805, 807, 

 808, 983. 1095, 1329, 1381, 1382, 1383, 1661, 1674, 2581, 3662. 4217, 4218, 4247, 4359, 

 4360, 4361, 4584, 4719, 4723, 5049, 5050, 5239, 5268, 5477, 5705, and 6862. 



H.R. 4723 {aUo kU7, 5239, 5268, 5477, and 6862) 



H.R. 4723, which is the Administration's own ocean dumping proposal, pro- 

 vides that, except as authorized in a permit issued by the Administrator of EPA, 

 no person shall (a) transport "material" from the United States for the purpose 

 of dumping it into "oceans, coastal, and other waters," or (b) dump material in 

 that part of such waters within the territorial juridsdiction of the United States, 

 or in the contiguous zone to the extent that the dumping may affect the ter- 

 ritorial sea or the territory of the United States. "Material" is defined to include 

 dredge spoil, solid waste, garbage, sewage sludge, munitions, chemical, biological, 

 and radiological warfare agents, radioactive materials, wrecked or discarded 

 equipment, rock, sand, cellar dirt, and industrial waste, but to exclude oil and 

 vessel sewage, discharges of which are regulated by the Federal Water Pollution 

 Control Act. "Oceans, coastal, and other waters" are defined to mean oceans, 

 gulfs, bays, salt-water lagoons, salt water harbors, other coastal waters where 

 the tide ebbs and flows, and the Great Lakes. The "dumping" to which the bill 

 applies includes any disposition of material other than dispositions of effluent 

 from outfall structures, or routine discharges of effluent incidental to the 

 propulsion of vessels. 



The Administrator would be authorized to issue permits to dump materials or 

 to transport them for dumping where in his judgment, based on information 

 supplied by the applicant, such activity will not unreasonably degrade or en- 

 danger human health, welfare or amenities, or the marine environment, ecologi- 

 cal systems, or economic potentialities. He would be required to establish criteria 

 for evaluating permit applications, taking into account the likely environmental 

 impact of the proposed dumping, alternative locations and methods of disposal, 

 and the impact on the public interest of either issuing or denying a permit or of 

 requiring an a^ernative disposal method. In establishing or revising criteria, the 

 Administrator would be required to consult with the heads of concerned depart- 

 ments and agencies. He would be precluded from issuing any permit which would 

 result in a violation of water quality standards. He would be authorized to im- 

 pose restrictions relating to the type and amount of materials to be dumped, 

 the place of dumping, and the duration of the permit. He would be authorized to 

 limit, deny, alter or revoke permits where he finds that materials cannot be 

 dumped consistently with the criteria established for the issuance of i)ermits. 

 Dumping of materials in an emergency to safeguard human life would be ex- 

 empted from the requirements of the Act, but would be required to be reported 

 to the Administrator. 



The Administrator would be authorized to impose civil penalties of up to $50,000 

 per day for violations of the Act or of any regulations or permit issued there- 

 under. In addition, knowing or willful violations would invite criminal fines of 



