7 
tions were recently transmitted to the President, who made them public on 
October 7, 1970. Until there has been an opportunity for study and consideration 
of that report, we believe it is premature and unwise to enact legislation like 
the bills in question. 
AEC’S REGULATORY AND OPERATIONAL ROLE 
Under the Atomic Energy Act of 1954, as amended, the Atomic Energy Com- 
mission is vested with both regulatory and operational responsibilities. The 
regulatory responsibilities relate to the licensing and regulation of nuclear ma- 
terials, nuclear facilities such as nuclear powerplants, and the disposal of nuclear 
waste material. The operational responsibilities involve, mong other things, the 
operation of certain facilities for the production of nuclear materials to be used 
in the national defense. 
We would note particularly that the discharge of radioactive and thermal 
effluent from both AEC licensed and AEC operated facilities is presently subject 
to a comprehensive system of regulations, licensing requirements, and controls. 
The discharge of radioactive effluent from AEC licensed facilities is governed 
by the Commission’s regulations in 10 CFR Part 20. These regulations are based 
upon recommendations made by the Federal Radiation Council, the principal 
source of guidance to Federal agencies on radiation protection standards, and ap- 
proved by the President. (Under Reorganization Plan No. 3, these standards will 
be set by the Environmental Protection Agency (EPA)). The discharge of 
radioactive materials from AEC operated facilities is subject to a system of 
controls which is separate but generally similar to that imposed on licensed ac- 
tivities. The discharge of heated effluent from both AEC licensed and AEC 
operated facilities is subject to the requirements of the Federal Water Pollution 
Control Act, as amended by the recently enacted Water Quality Improvement 
Act of 1970. AEC operated facilities are, in addition, subject to Executive Order 
11507, “Prevention, Control and Abatement of Air and Water Pollution at Fed- 
eral Facilities,” which sets forth specific requirements for control of air and 
water pollution by Federal agencies. 
IMPACT OF THESE BILLS ON AEC 
Prohibited waste material is defined so broadly in all the bills that it could 
encompass radioactive materials. In the context of ocean disposal of radioactive 
wastes, sea burial of high-level radioactive wastes from fuel reprocessing oper- 
tions has not been permitted by the AEC. Low-level liquid waste discharges and 
the disposal of solid, packaged radioactive wastes into the ocean have have per- 
mitted. However, the quantities and types of radioactive waste materials disposed 
in this manner have been strictly controlled and limited by AEC and the AEC 
itself has made no sea disposals during the past eight years. We have maintained 
a moratorium on the issuance of licenses for sea disposal of radioactive sub- 
stances since 1960, and the four existing licenses have seldom been used. The 
AEC has licensing authority over the disposal of all radioactive waste material, 
except radioactive material produced in accelerators, and naturally occurring 
radium and its daughters. 
These bills (H.R. 17608, 18454, 19359) could seriously interfere with AEC’s 
programmatic activities, such as the vital defense programs conducted at Johns- 
ton and Amechitka Islands. Also, from the standpoint of national defense, 
the operations of naval nuclear-powered ships might be seriously impeded if 
subject to such regulation by the Secretary of the Interior. 
The bills (H.R. 17603, 18454, 19359), insofar as they relate to the imposition of 
penalties for certain waste discharges and the issuance and termination of cer- 
tain licenses, permits, and authorizations for activities involving discharges, could 
unnecessarily impose a system of dual regulation with respect to radiological dis- 
charges. As noted, the AEC, in the exercise of its regulatory and operational re- 
sponsibilities has authority to control the release of radioactive effluents from 
both licensed facilities and AEC operated facilities into the ocean, and the ocean 
disposal of radioactive materials. It has exercised this authority by strictly con- 
trolling and limiting such releases and disposal. We do not believe that experience 
has shown any need for an additional system of control with respect to ocean 
disposal of radioactive materials. 
