263 



I am sure the Atomic Energy Commission will have a position, but 

 do you see, from a personal point of view, any particular problem, do 

 you feel you would be in any kind of a bind if you did not have this 

 authority and if you had to go to the Environmental Protection Agency 

 for a permit ? 



Mr. Ramey. You mean with respect to the Atomic Energy Commis- 

 sion's own proprietary activities in disposing of waste ? 



Mr. DuPoNT. Yes. 



Mr. Ramey. Again, this is something that I personally cannot 

 answer. 



I would have to consult the Commissioners on that. 



Mr. DuPoNT. I have no further questions. 



Mr. DiNGELL. Mr. Kyros. 



Mr. Kyros. Thank you, Mr. Chairman. 



I would like to ask you about nuclear plants situated on the coast- 

 line, where a discharge of heated water goes into the ocean. That 

 causes some problems, does it not, such as thermal pollution ? 



Mr. Ramey. That has raised some questions in certain cases, 



Mr. Kyros. Now, within this act, under the definition of dumping, 

 is the discharge of this heated water included ? I am referring to sec- 

 tion 3, subsection F. 



Mr. Ramey. I would like to have Mr. Hennessey comment on that. 



Mr. Hennessey. Our understanding is that it is not covered as 

 dimiping under this bill. 



Mr. Kyros. Yes. Is the dumping of refuse into navigable waters, 

 under the 1899 Rivers and Harbors Act, is that covered here? 



Mr. Ramey. That is the position tliat has been taken by the En- 

 vironmental Protection Agency, and the Justice Department, and be- 

 ing contested in the courts now. 



Mr. Kyros. Under the exemption of section 7(b), in which your 

 agency becomes exempted, is nothing contemplated as to the discharge 

 of such thermal pollution ? Is nothing contained in there which refers 

 to that? 



Mr, Ramey. This is already being regulated, of course, by the Fed- 

 eral Water Quality Act of 1970, and by Executive order under the 

 1899 Refuse Act. 



Mr. Kyros. But the Atomic Energy Commission has no jurisdiction 

 over that part of the discharge from a nuclear plant. Is that correct ? 



Mr. Ramey. We come in in connection with our licensing authority. 



We do serv^e as the enforcement agency for these other Federal and 

 State requirements. 



Mr. Kyros. For example, a power company putting in an atomic 

 plant along the coast at Wiscasset, Maine when they come to you to 

 get a license, is this one of the issues you have to consider? Tliat is, 

 whether they will tliermally pollute the bay ? 



Mr. Ramey. We require they will provide a certificate from the ap- 

 propriate state water pollution agency that they have met the State 

 water quality standard that has been approved by the Environmental 

 Protection Agency. 



Mr. Kyros. Now, do you automatically accept that, if certificate 

 is so provided? Or do you examine the matter initially yourself? 



Mr. Ramey. We accept that as being adequate. 



