102 



determine sucli disposition dates and to prepare such disposition plans for any 

 new military materials prior to acquiring them. After the date of enactment of 

 the bill, all disposal of such military materials into any navigable or coastal 

 waters of the United States, or into any international waters, would be 

 prohibited. 



EPA has the following comments with respect to this bill : 



1. The establishment of "marine sanctuaries" has been discussed above in 

 connection with H.R. 4359. 



2. The establishment of discharge standards has been discussed above in 

 connection with H.R. 1383, 805, 285, and 983. 



3. The prohibition against the discharge of sewage or industrial wastes which 

 have received less than a specified level of treatment has been discussed above 

 in connection with H.R. 3662. 



4. EPA does not believe that a legislated ban on the dumping of military 

 materials is necessary. Recent policy declarations by the Department of Defense 

 indicate that an effective ban is already in effect or is being implemented. 

 Furthermore, as already discussed in connection with H.R. 3662, there may be the 

 rare exceptional case in which ocean disposal will present a lesser threat to 

 human health, welfare or the environment than land-based disposal. 



H.R. 337 (also 549, 1381); E.R. 458Jt; H.R. 4211 {also 4218, 4719) 



H.R. 337 would prohibit any person from discharging, into any of the navigable 

 waters of the United States or into international waters, any munition, or any 

 chemical, biological, or radiological warfare agent, or any other military material, 

 except in accordance with a certificate issued by the Council on Environmental 

 Quality establishing the terms, conditions and limitations of such disposal. H.R. 

 4584 is the same as H.R. 337, except that the certificate would be issued jointly 

 by EPA and NOAA rather than by CEQ. H.R. 4217 is the same as H.R. 4584, 

 except that the certifying authority would be EPA exclusively, and the bill's 

 requirements would apply not only to military materials but also to "any other 

 refuse matter of any kind or description whatsoever." 

 EPA has the following comments on these bills : 



1. All of them, applying to discharges by any person into international waters, 

 without regard to citizenship or point of origin of the discharged material, may 

 raise problems under international law. 



2. EPA prefers the comprehensive approach taken in H.R. 4723, which would 

 apply a dumping permit requirement to a broad range of materials, including 

 military materials, to the ad hoc approach of H.R. 337 and H.R. 4584. 



3. CEQ serves an advisory rather than a regulatory function and should not 

 be the certifying authority as provided in H.R. 337. CEQ supports H.R. 4723, 

 under which such regulatory authority would be vested in EPA. 



4. "With respect to discharges into navigable waters, H.R. 4217 duplicates the 

 requirements of the Refuse Act of 1899, which requires a permit from the Corps 

 of Engineers for the discharge of any refuse matter into navigable waters other 

 than refuse flowing from streets and sewers in a liquid state. Discharges not 

 covered by the Refuse Act are subject to control under the Federal Water Pollu- 

 tion Control Act, and proposed amendments thereto. 



H.R. 336 (also 548, 1382, 1674) 



This bill requires the CEQ to make an investigation and study of all aspects of 

 existing national policy with respect to the discharge of materials into the At- 

 lantic and Pacific Oceans, the Gulf of Mexico, and other waters within the terri- 

 torial sea or contiguous zone of the United States, and to report to the President 

 and Congress the results thereof, and its recommendations for a national ocean 

 dumping policy, including any treaties, agreements or legislation necessary in 

 connection therewith. EPA is of the opinion that CEQ has already performed this 

 task, as evidenced by its report entitled "Ocean Dumping — A National Policy" 

 submitted to the President in October, 1970. The Administration's ocean dumping 

 bill, H.R. 4723, is based on the recommendations contained in that report. 



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

 the presentation of this report and that enactment of H.R. 4723 would be in accord 

 with the program of the President. 

 Sincerely yours, 



William D. Ruckelshaus, 



Adrmnistrator. 



