390 
Three, provide for consideration of ocean disposal of dredged ma- 
terial on an equal basis with all other methods of disposal and re- 
quire utilization of alternative means or locations of disposal only 
where there will be significant adverse impacts from the ocean dis- 
posal, the alternative will result in lesser impacts and the alterna- 
tives can be utilized at reasonable cost and energy expenditures. 
Four, provide that the determination of whether annex I sub- 
stances are present in dredged material as other than “trace 
amounts” shall be based upon the presence of the prohibited sub- 
stances in quantities and concentrations that will not be “rapidly 
rendered harmless” upon disposal and that, notwithstanding the 
use of “special care’? measures in dumping or site designation, will 
cause “unreasonable degradation” of the marine environment; this 
determination should not be based solely on chemical and toxicolo- 
gical testing. 
Five, provide that the action of the Administrator or the Seere: 
tary in issuing a permit under section 102(a) or section 103(a) or in 
issuing a waiver of compliance under section 103[d] shall satisfy the 
standards and criteria binding upon the United States under the 
convention, including its annexes. 
This would avoid reassertion of past claims that the convention 
can prohibit the Administrator from granting a waiver of compli- 
ance for dredged material, even where all requirements of the Act 
are satisfied. 
Six, qualify the requirement for final site designation to provide 
for interim use of a site where the Federal agencies involved fail to 
complete site designation studies in time for needed port operations 
to be carried out. 
Seven, qualify permit conditions that would impose costly “spe- 
cial fees” and research obligations upon ports to take into account 
the ‘“‘public’” status of most ports and the funding limitations inher- 
ent in that “public” status. 
Each of the above recommendations is addressed in greater 
detail in the AAPA’s prepared statement. We invite the subcom- 
mittee’s earnest consideration of these proposals. 
Mr. Chairman, in a final note I might mention that I have been 
working as chairman of the International Association of Ports and 
Harbors’ dredging task force and Mr. LeBlanc and I have attended 
as observers the last two annual meetings of the London Dumping 
Convention and the last meeting of the ad hoc scientific group, the 
investigative arm of that group, at the invitation of the London 
Dumping Convention to present with a noted oceanographer, Dr. 
W. E. Pequeqnat, assistance on special care measures that can be 
used in the disposal of certain problem dredge material at sea, and 
this has been favorably received by the London Dumping Conven- 
tion and we have been invited again to the next meeting of the ad 
hoc scientific group in Paris in September to present further data 
that Dr. Pequeqnat is preparing on this subject. 
So there has been a lot of accomplishment in this area that I 
would like to make the committee aware of and we would be happy 
to supply for the record any of this data that you might desire. 
This completes my statement. Thank you very much. 
[The prepared statement follows:] 
