106 



marine environment and (2) alternative disposal locations, the probable impact 

 of requiring the use of such alternative locations and the public interest con- 

 siderations associated with issuing or denying permits. In establishing or revising 

 such criteria the Administrator would have the benefit of the comments and sug- 

 gestions of various Federal agencies, including those of the Federal Power 

 Commission. 



The Commission also questions the practicality of the absolute "no damage" 

 standard contained in the bills. In practice, this standard would hav£ the effect 

 of prohibiting any discharge of waste material into navigable or coastal waters. 

 The federal "no damage" standard and the more stringent state standards 

 which could be imposed under H.R. 285, H.R. 805, H.R. 983 and H.R. 1095, could 

 well, if pressed too far, impair or defeat the attainment of other national ob- 

 jects, including the development of adequate utility services and the production 

 of needed supplies of industrial goods. The Commission is cognizant of the im- 

 portance of protecting marine and wildlife resources. However, the Commission 

 believes the more flexible case-by-case approach utilized in H.R. 4723, the Admin- 

 istration bill, would be preferable. 



The Commission has no comments to offer on the provisions of H.R. 1095 which 

 relate to the disposal of military wastes. 



The Office of Management and Budget advises 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. 



FBn>ERAi. Power Commission, 



John N. Nassikas, Chairman. 



Department of Health, Education, and Welfare, 



May 21, 1971. 

 Hon. Edward A. Garmatz, 



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

 tives, Washington, B.C. 



Dear Mr. Chairman : This letter is in response to your request of February 19, 

 1971, for a report on H.R. 336 and H.R. 548, bills "To require the Council on 

 Environmental Quality to make a full and complete investigation and study of 

 national policy with respect to the discharging of material into the oceans." 



These bills would provide that the Council on Environmental Quality make a 

 full and complete investigation and study of all aspects of existing national pol- 

 icy with respect to the discharge of any material of any kind into the waters of 

 the Atlantic and Pacific Oceans, the Gulf of Mexico, and any other waters within 

 the territorial sea and the contiguous zone of the United States. The bill provides 

 that upon completion of such investigation and study the Council would report 

 to the President and Congress its recommendations for a national policy with re- 

 spect to discharge into such Avaters. Such recommendations would include 

 treaties, agreements, and legislation necessary in connection therewith. 



The Administrator of the Environmental Protection Agency transmitted to the 

 Congress on February 10, 1971, the Administration's proposal, which is embodied 

 in H.R. 4247 and H.R. 4723, to regulate the dumping of waste material into the 

 oceans, coastal, and other waters of the United States. Tlie need for such regula- 

 tion is made clear in the President's message of February 8, 1971, transmitting a 

 program to save and enhance the environment. This Department strongly sup- 

 ports the Administration's proposal. 



While this Department would defer to the views of the Council on Environ- 

 mental Quality and the Environmental Protection Agency with respect to whether 

 the study contemplated by H.R. 336 and H.R. 548 is necessary, it wouM appear 

 that the bills' basic objectives have already been achieved. In October 1970, the 

 President made public a Council on Environmental Quality report entitled "Ocean 

 Dumping : A National Policy," which included recommendations for a comprehen- 

 sive national policy in the area of ocean dumping and which was the basis for 

 the Administration's proposed legislation. 



We are advised by the Office of Management and Budget that there is no ob- 

 jection to the submission of this report, and enactment of H.R. 4247 or H.R. 4723 

 would be in accord with the Administration's program. 

 Sincerely, 



(S) Elliott L. Richardson, 



Secretary. 



