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ifj^ 



I ^J^l UNITED STATES ENVIRONMENTAL PROTECTION AGENCY- 



V ,f/ WASHINGTON. DC. 20460 



/ 



. May 10, 1976 



MEMORANDUM 



TO : Dr. William D. Rowe 



Deputy Assistant Administrator 

 for Radiation Programs 



FROM : James A. Rogers 



Assistant General Counsel 

 Water Quality Division (A-131) 



SUBJECT: Application of the Ocean Dumping Act to 

 Seabed Emplacement of Radioactive Wastes 



You have asked me whether the "terminal storage" of 

 radioactive wastes by deep sea bed emplacements would 

 be covered by the Marine Protection, Research and Sanc- 

 tuaries Act of 1972, as amended, 33 U.S.C. 1401 et seg . 

 The placement in the ocean floor of devices containing 

 such Wastes clearly falls within the purview of this Act. 



Assuming that the radioactive wastes are not "high 

 level" (for which no dumping is allowed*) they explicitly 

 fall within the definition of "material" for which an 

 ocean dumping permit is required. See , sec. 3(c), 33 

 U.S.C. 1402i;c). AnSonly when devices containing wastes 

 a-re placed on or in submerged lands "for a purpose other 

 than disposal" and the placement is "otherwise regulated 

 by Federal or State law" or is conducted "pursuant to an 

 authorized Federal or State program," may the activity 

 be exempted from coverage of the Act. Sec. 3(f), '33 U.S.C 

 1402(f). Even were the deep sea bed emplacement to bo 

 conducted pursuant to a State or Federal program, it is 

 unlikely this activity could be considered as other than 

 a disposal operation. 



Of CQurse, that this activity falls within the cov- 

 erage of this Act does not mean it cannot take place; it 

 means only that the procedures and safeguards implicit in 

 the Act must bo followed, and that an EPA permit must be 

 obtained before such emplacement can begin. 



James A. Rogers 



■5 Sec. 102(a), 33 U.S.C. 14l2(a) 



