110 



We recommend the enactment of H.R. 4247 or H.R. 4723, this Administration's 

 proposal to regulate all ocean dumping and the transportation of material to be 

 dumped, in lieu of H.R. 337, H.R. 549, H.R. 4217, and H.R. 4584. 



As the sponsors of these hills recognize, the unregulated ocean disposal of 

 military material, including obsolete munitions and chemical, biological or 

 radiological warfare agents, constitutes a grave threat to the marine environ- 

 ment. As we noted during hearings held last summer on the Army's "Opera- 

 tion Chase" by your Subcommittee on Oceanography, the disposal of wastes at 

 sea has been poorly monitored, making it difficult to measure the extent of dam- 

 age already done. We do know, however, that degradation of water quality and 

 physical alteration of marine habitat will take its toll from among species of 

 sport fish and other aquatic wildlife. 



H.R. 4247 and H.R. 4723 would vest in the Administrator of the Environmental 

 Protection Agency responsibility for the issuance and enforcement of permits 

 to regulate all kinds of ocean dumping. We think it appropriate that such au- 

 thority be given to an operating agency broadly charged with protection of the 

 environment, and that its Administrator be required to establish environmental 

 standards for the transportation and disposal of all waste material, whatever 

 its source. It should be noted, too, that the Administrator would be empowered 

 to prohibit absolutely the dumping of a specified material when he finrls that such 

 material cannot be dumped without harmful impact upon the marine 

 environment. 



Thus, while we support the objectives of H.R. 337, H.R. 549, H.R. 4217. and 

 H.R. 4584, we believe that they can be best attained by the enactment of more 

 comprehensive legislation pending before your Committee as H.R. 4247 and 

 H.R. 4273. 



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. 



Sincerely yours, 



Haeeison Loesch, 

 Assistant Secretary of the Interior. 



U.S. Depaetment of the Inteeioe, 



Office of the Seceetaey, 

 Washington, D.C., April 5, 1911. 

 Hon. Edwaed A. Gaematz, 



Chairman, Committee on Merchant Marine and Fisheries, 

 House of Representatives, 

 Washington, D.C. 



Deae Me. Chaieman : We respond to your request of February 26 for comment 

 on H.R. 4247 and H.R. 4723, identical bills "To regulate the dumping of material 

 in the oceans, coastal, and other waters and for other purjwses", the "Marine 

 Protection Act of 1971". 



The Department of the Interior strongly recommends enactment of this Ad- 

 ministration proposal to provide long sought regulation of waste disposal in 

 ocean, coastal, and Great Lakes waters of the United States. 



H.R. 4247 and H.R. 4723 would vest in the Administrator of the Environmental 

 Protection Agency authority to control ocean dumping of waste materials through 

 issuance of permits and enforcement of a prohibition against the unauthorized 

 transport or dumping of such material. In determining whether or not to approve 

 a permit application, the Administrator would be required to consider (1) the 

 impact of dumping on the marine environment and human welfare and (2) other 

 possible locations and methods of disposal, including land-based alternatives, but 

 in no event would a permit be issued for a dumping in violation of applicable 

 water quality standards. Section 5 provides authority to designate recommended 

 sites for the dumping of specified materials, and would allow the Administrator 

 to deny, alter or revoke a permit for the disposal of any material that could 

 threaten human health or the marine environment. 



Jurisdiction would extend to all persons, including Federal, State, and foreign 

 governmental organizations, who seek to dispose in territorial waters of the 

 United States or the adjacent contiguous zone, to the extent that such disposal 



