168 



In no case could dumping violate Federal-State water quality stand- 

 ards in the United States territorial sea or contiguous zone. The pro- 

 posal would encourage Federal research on the effects of materials 

 dumped or spilled into the oceans and the development of means of 

 monitoring and controlling such disposal. In developing the criteria 

 and the enforcement programs, EPA would work with the Coast 

 Guard and the National Oceanic and Atmospheric Administration. 

 Our premise is that action is necessary now to avoid a serious na- 

 tional problem from ocean dumping. Yet, the proposed action is not 

 all preventive. Adequate regulation could contribute to the restoration 

 of many of the presently damaged areas. 



Congress now has before it a number of other legislative proposals 

 which also seek to control ocean dumping. I would like to comment 

 on these proposals briefly, discussing these aspects which involve prin- 

 ciples essential to effective control over ocean dumping. The commit- 

 tee is very fortunate to have the benefit of a number of fine proposals, 

 and I commend not only the interest which you have demonstrated in 

 this subject but also the cooperative and bipartisan spirit in which you 

 have approached the matter. We would hope that you will consider om* 

 comments as constructive suggestions and that we could work together 

 in arriving at a solution. 



H.R. 3662 would amend the Fish and Wildlife Coordination Act by 

 providing for a new section 5B which would prohibit dmnping waste 

 material into or transportation of such material through estuarine 

 areas, the territorial sea, the Grreat Lakes, and the waters above the 

 Outer Continental Shelf, except where a permit has been obtained 

 from the iVdministrator of EPA, We obviously appreciate the recita- 

 tion of factors such as land-based alternatives and the effect of the 

 dumping on human health and welfare, fisheries resources, and marine 

 ecosystems which the Administrator would consider before acting on a 

 permit application. 



Nonetheless, the State Department has advised us that the jurisdic- 

 tional provisions of this bill are unsoimd as a matter of international 

 law. Mr. Stevenson, the State Department's Legal Adviser, will be 

 discussing the jurisdictional problems with you on Wednesday. Not- 

 withstanding the jurisdictional issues, we are concerned with the bill's 

 failure to regulate transportation for dumping beyond the 200-meter 

 depth contour for the Outer Continental Shelf. 



We suggest that the United States should control the transport of 

 material from the United States for dumping in the outlying areas of 

 the high seas. The need for such control is demonstrated by the recently 

 disclosed practice of disposing of solid arsenic wastes originating in 

 Pennsylvania by dumping it in steel drums 1,000 miles out to sea. 



We also suggest that effective and efficient implementation of the 

 regulatory concept would be aided by placing primary emphasis on 

 control of the transportation for dumping of material wliich originates 

 within the United States. Very nearly all of our problems arise from 

 such dumping and accordingly our concerns must be with regulating 

 fchis dumping along with developing environmentally soimd domestic 

 alternatives to the ocean dumping means of disposal of our wastes. 



Nonetheless, direct control seems desirable for all dumping in our 

 territorial sea and in our contiguous zone where it affects our territory 



