385 



Section 5B(c) of H.R. 805 provides that the standard established 

 by the Administrator of the EPA shall be adopted and applied to all 

 Federal and State authorities which have the right to issue authoriza- 

 tions to discharge or deposit material into these waters. 



In his role as standardmaker, the Administrator would find it pos- 

 sible to establish longer term goals for reducing ocean pollution, as 

 well as issuing standards for the immediate guidance of regulatory 

 bodies. 



I should point out that these provisions do not require every permit 

 application to cross the Administrator's desk. My bill allows the reten- 

 tion of the present regulatory structure, subject to new standards 

 established by the administator. Since these standards will be desig- 

 nated to prevent all environmental damage, it is not essential that the 

 Administrator consult formally with the Secretary of every depart- 

 ment, and with every State board. 



8. Stringent enforcement: 



Section 5B(d) requires that the standards apply to all parts of 

 the Federal and State governments and all persons who have author- 

 ization from the State or its agency to deposit or discharge such 

 materials into these waters. 



Section 5B(e) permits the States to establish and enforce stand- 

 ards covering these acti^'ities within their jurisdiction only on the 

 condition that the State standards are stricter than the Federal stand- 

 ards and that the States provide adequate procedures for enforcement. 

 I believe this section is important because, as we have seen in the case 

 of automobile pollution, many States have wished to enact stricter 

 regulations than the Federal ones but have been unable to do so 

 because Federal laws require that the Federal standards apply. 



The Garmatz bill sets no minimum requirements for the States or 

 territories. Although section 7(e) states that Federal standards could 

 not preempt the requirements or liabilities imposed by States or ter- 

 ritories, the State or territory could set a much less strict standard 

 than the Federal Government's. 



The oceans are interstate bodies of water. The currents carry pollu- 

 tion from one State seacoast to another. It is not fair to require strong 

 standards of one State when another would be allowed to set weak ones. 

 I therefore, recommend that the wording of sections 5B (d) and 5B (e) 

 of H.R. 805 be incorporated into this bill. 



Section 5B(f) of H.E. 805 provides that every State and Federal 

 instrumentality and every person applying for authorization to dis- 

 cliarge or otherwise dispose of any material into these waters maintain 

 records, make reports, and provide whatever additional information 

 the Administrator of the EPA needs to determine that the standards 

 are being complied with. The Administrator may also, upon request, 

 have access to these records. 



Thus, we require that dumpers continually sustain a burden of proof 

 that their activities are harmless. The Administrator may revoke a 

 permit if the dumper fails to do so. Due process of law requires that a 

 l^erson whose permit is revoked is subsequently entitled to a hearing, 

 but T feel that section 5(f) of Congressman Garmatz's bill, providing 

 for formal hearing-s, before a permit may be revoked is unwise. No one 

 has an inalienable right to dump wastes into the oceans. 



