241 
1B. Subsection 102(a)(1)(E) states, 
testing, is found to contain more than trace amounts of-- 
(i) one or more persistent inert synthetic or natural 
materials that may float or remain in suspension in ocean 
waters in such a manner as to interfere materially with 
fishing, navigation, or other legitimate uses of the ocean, 
(ii) cadmium or any cadmium compound, mercury or any 
mercury compound, or any organohalogen compound, or 
(iii) oil of any kind or in any form, including but not 
limited to, oil sludge, oil refuse, crude oil, fuel oil, 
heavy diesel oil, lubricating oils, hydraulic fluids, and 
any mixture of the foregoing; and [Emphasis added.] 
This portion of the draft Amendment included certain chemical com- 
pounds that had been already identified in EPA’s Ocean Dumping 
Regulations [Subsection 227.6(a)(1)-(4)] and prohibited when present 
c in concentrations of greater than trace amounts. The draft Amendment 
differs from the Act and the current Regulations and can be inter- 
preted as prohibiting the above waste constituents simply on the 
basis of concentration. The major difference between the two rests 
in the ability within the current Act and regulations to conduct 
multimedia assessments to balance the risk to man and the environ- 
ment, relevant to sludge disposal options. The proposed Amendment 
will ban, outright, materials containing greater than trace amounts 
of the identified constituents, without allowing for the option to 
balance the relative environmental and human health risk for various 
disposal practices. The Ocean Dumping Regulations and the London 
Dumping Convention exclude existing applicable wastes from this pro- 
hibition if the compounds are present in nontoxic and nonbioaccumu- 
lative forms or if, once dumped, the compounds will be rapidly 
