345 





ISE, 



y 



UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

 WASHINGTON. D.C. 20460 



FEB 2 19BU ■ 



SUBJECT : 



FROM: 



Deep Seabed Emplacement of High Level 

 Radioactive Wastes and the Ocean Dumping 

 Convention — Your Request for Opinion 



OFFICE OF 

 CENCRAU COUNSEU 



Michele Beigel Corash 

 General Counsel (A-130) 



%( 



TO: 



Dr. Donald Oakley 



Acting Director 



Office of International Activities (A-106) 



Eckardt C. Beck 



Assistant Administrator for Water 



and Waste Management (WH-556) 



This responds to your request for a legal opinion as to 

 whether the London Ocean Dumping Convention (Convention on 

 the Prevention of Marine Pollution by Dumping of Wastes and 

 Other Matter) prohibits the deep seabed emplacement of high 

 level radioactive wastes. The import of the question is 

 that emplacement of containerized high level radioactive 

 wastes in stable seabed sediments is emerging as a possible 

 technological option for disposal of such wastes. 



Conclusion 



While the language of the convention is ambiguous, the 

 better view would seem to be that the convention prohibits 

 the deep seabed emplacement of high level radioactive wastes. 



Discussion 



Under the London Ocean Dumping Convention, the contracting 

 parties undertake to prevent marine pollution caused by dumping, 

 Art. II. To that end, they agree to prohibit the dumping of 

 any wastes or other matter listed in Annex I and to regulate 

 with permits all other dunping . Art. IV. Annex I lists mat- 

 erials as to which dumping is prohibited (except when present 

 only as trace contaminants). The list includes: 



High-level radio-active wastes or other high- 

 level radio-active matter, defined on public health. 



