1.A 
239 
the following sections. 
Subsection 102(a)(1)(D) prohibits, 
known carcinogens, mutagens, and teratogens and any material 
suspected, by responsible scientific opinion, to be a carcinogen, 
Mutagen, or teratogen. [Emphasis added.] 
This prohibition is unqualified and would appear to prohibit any 
material in which even the most insignificant concentration of these 
materials can be found. All waste materials are expected to contain 
some amount , however small, of at least one of these constituents and 
thus would be unconditionally prohibited from being disposed of in 
the ocean. 
This portion of the draft Amendment appears to have originated in 
EPA Ocean Dumping Regulations [Subsection 227.6(a)(5)]. However, 
the Ocean Dumping Regulations limited carcinogenic, mutagenic, and 
teratogenic waste constituents to trace concentrations shee were 
determined by an evaluation of potential undesirable effects and the 
results from bioassay tests. The banning of materials to be dumped 
because there are detectable quantities of a carcinogen without 
baiancing the potential or actual risks to the environment and human 
health is unreasonable. The case of arsenic is particularly inter- 
esting because, although it is classified by EPA as a suspected car- 
cinogen, it is a natural constituent of all marine waters. Moreover, 
this absolute ban does not allow any consideration to be given to the 
potential risks involved with the alternatives to dumping which may 
lead to more probable and direct human contact with such materials. 
