252 



Mr. Eamey. We will examine that. This is more of an across-the- 

 board policy for the Federal Government. 



Mr. McCloskey. That is exactly correct. 



(See paragraph 3 of letter on p. 249.) 



Mr. McCloskey. Do you recall, that the President, shortly after 

 taking office, created an Environmental Policy Council, and it was 

 stated by Dr. DuBridge that we need not pass an environmental pro- 

 tection act because environmental protection was already being han- 

 dled by the Federal agencies ? 



The Department of Defense and the Atomic Energy Commission 

 were specifically excluded from that Environmental Policy Council 

 as it was first set up, and I think it is extremely important we have 

 your reaction whether your agency should be excluded from criminal 

 and civil penalties, and whether you are willing to submit to Environ- 

 mental Protection Agency proceedings. 



Mr. DixCxELL. I would just like to have Mr. Kamey tell us why 

 the Atomic Energy Commission is the only agency in government 

 which is exempt from the Environmental Protection Agency's license 

 requirement. 



What I am curious to know is if there is any logic behind that. 



Mr. Ramey. Do you mean under 



Mr. DiNGELL. Under the administration's bill, why is the Atomic 

 Energy Commission exempt from licensing requirements? 



Why is it and its contractors not compelled to go to the Environ- 

 mental Protection Agency ? 



I am very curious as to that very quaint situation. 



Mr. Ramey. Well, I believe that one of the main reasons is that un- 

 der the reorganization plan, it was determined by the Congress and 

 the administration that in the field of radiation, and radiological mat- 

 ters, affecting nuclear powerplants, and the whole nuclear cycle, the 

 Government had set up a pattern with the Atomic Energy Commis- 

 sion continuing to exercise a fairly broad licensing authority. The 

 standards making authority had always been in the Federal Radiation 

 Council, so this was following the same pattern in transferring the 

 standards making to the Environmental Protection Agency, and re- 

 taining the licensing authority in the Atomic Energy Commission. 



Mr. DiNGELL. We find ourselves then in passing strange conditions, 

 where the Atomic Energy Commission will issue the permit, but ac- 

 cording to the language on page 10, line 24, under 7(b), this lanuague 

 appears as follows : 



In issuing any such permit the Atomic Energy Commission shall comply with 

 standards set by the Administrator respecting limits on radiation exposures or 

 levels, or concentrations or quantities of radioactive material. 



So as I read this particular statute, the Atomic Energy Commission 

 will be issuing the permit, out to comply with the standards and 

 qualifications set out by the Environmental Protection Agency. 



Now, is that not a very, very strange thing ? 



Why do we need to have two different permit issuing agencies, when 

 effectively they will meet the qualifications and standards which will 

 be laid down by the Environmental Protection Agency. 



It appears that the Atomic Energy Commission will simply be serv- 

 ing as a ministerial clerk to process some of the Environmental Pro- 

 tection Agency's papers. 



