196 



Mr. DiNGELL. As I read it, Mr. Train, there is no requirement to 

 do so. 



It says lie may. There is a ^^ery wide difference between may and 

 shall, as I am sure you would agree. 



It only says he may consult. It does not say he should receive the 

 comments of the sister agencies. I am sure you can understand there 

 is a very distinct difference there. 



Mr. Train. There is a very definite difference. I think it is a question 

 as to what extent such a formal requirement of written request and 

 written comment in each of what may be many thousands of applica- 

 tions is really serving the purpose of environmental protection ; such 

 a thing could hold down the administrative machinery in paper work. 



Mr. DiNGELL. I am glad you mentioned that, because as you will 

 notice, the statute that the administration has presented us with, in 

 its criteria, that the Administrator of the Environmental Protection 

 Agency must consider, no mention is made to fish and wildlife values, 

 or protection of fish and wildlife from hazards, and, of course, you 

 can understand the importance of the living resources, and I am 

 curious to know why that should be omitted if EPA is not being 

 required to consult with other related agencies. 



Mr. Teain. The language of the bill very clearly covers fish and 

 wildlife through its reference to marine environmental and ecological 

 systems. 



This covers fish, wildlife, and all other elements of the ecosystem. 



Mr. DiNGELL. But I am referring now to the latter section dealing 

 with the specific matters he is considering. 



For example, on page 5, line 9, he is considering "the likely impact 

 of the proposed dumping on human health, welfare, and amenities, 

 and on the marine environment, ecological systems, and economic po- 

 tentialities, including an assessment of — (a) the possible persistence 

 or permanence of the effects of the proposed dum])ing ; (6) the volume 

 and concentration of materials involved; and (c) the location pro- 

 posed for the dumping." 



You are saying ecological system, ecological potentialities including 

 fish and wildlife values ? 



Mr. Train. Marine environment and ecological systems certainly 

 includes fish and wildlife. 



Mr. DiNGELL. Now, would you please, Mr. Train, comment on this 

 particular point. 



The report of the Council on Environmental Quality recommended 

 to the President that ocean dumping be immediately halted on chem- 

 ical biological warfare materials, such as high level radioactive wastes 

 and toxic industrial wastes. 



While the Administrator would have the power to do this he would 

 not. Can you tell us why the difference in the drafting of the bill and 

 the recommendation of your Agency ? 



Mr. Train. First, the recommendation as to chemical warfare and 

 biological warfare weapons has already been implemented by the 

 Department of Defense by order of the Secretary, so legislation is not 

 necessary in that case. 



Mr. DiNGELL. Of course, the administrative regulation can be 

 changed by administrative move. 



