194 



environmental regulatory activities from the environmental impact 

 statement requirement. 



Mr. DiNGELL. It never has referred to the Corps of Engineers' 

 permits. 



The Corps of Engineers has always required the 102(2) (C) state- 

 ments ? 



Mr. Train. Yes, sir ; but we do not consider their functions as one 

 of the environmental regulatory activities. 



Mr. DiNGELL. You have a very clear question on this point, wherein 

 the agreement between the corps and the Department of Interior was 

 sanctioned by the courts, stating therein that the corps could dis- 

 approve of permits of this kind on environmental grounds. 



This is permit to deposit material in the waters, and I am curious to 

 understand just what the legislative history is. 



My personal interpretation is an absence of expression would mean 

 102(2) (C) would apply. 



I would like to hear your testimony. We have to have the matter very 

 clearly nailed down here. 



Mr. Train. Well, obviously it could be administered either way, and 

 I see no objection as a matter of principle to including an environ- 

 mental impact statement requirement. 



Certainly the criteria announced by EPA will be subject to very 

 careful review, and it will be a matter of review by our Counsel under 

 both the enabling legislation of the Environmental Policy Act and 



Mr. DiNGELL. Let me go to another question. 



Mr. Train. I am trying to think what the policy considerations 

 would be which would suggest that a dumping permit either should 

 or should not be the subject of the environmental impact statement. 



Mr. DiNGELL. Let me ask this question, if I may. 



Who carries the burden of proof on whether dumping will unrea- 

 sonably degrade or endanger human health ? 



Mr. Train. Well, mainly it is the applicant. 



Mr. DiNGELL. The applicant bears that burden ? 



Mr. Train. Yes. 



Mr. DiNGELL. Now, tell me, must there be specific findings, must the 

 Administrator make specific findings in each case where the permit is 

 issued subject to public review ? 



This relates to the question that I raised before. 



Should he file the 102(2) (C) statement under the Environmental 

 Policy Statement Act ? 



Mr. Train. It is my understanding the Administrator would make 

 such findings. 



Mr. DiNGELL. And would the materials submitted by the applicant 

 for permit be open to public inspection ? 



Mr. Train. As I indicated in response to Mr. DuPont's question, 

 following the same procedures which have been or are being an- 

 nounced for the permit program under the Refuse Act, yes, but this 

 is not set forth in the legislation, and I am just assuming this would 

 be the practice followed by the Administrator. 



Of course, the Freedom of Information Act has some generally ap- 

 plicable requirements that would extend to this entire procedure. 



Mr. DiNGELL. I am sure you are familiar with the Fish and Wild- 

 life Coordination Act which requires consultation with sister agencies, 



