oil spill when it poses a threat to the coastline or 
related interests of the United States. 
The Deepwater Port Act of 1974 (Public Law 93— 
627)—33 U.S.C. 1501-1524. One purpose of the 
Deepwater Port Act of 1974 is to “authorize and 
regulate the location, ownership, construction, and 
operation of deepwater ports in waters beyond the 
territorial limits of the United States.” In many ways 
it is a model of the “newer” approach to the siting— 
particularly the licensing component—of energy fa- 
cilities. Some key features are: 
® Coordination. The law designates the Department 
of Transportation as the “lead agency” for licens- 
ing deepwater ports outside of the 3-mile zone. In 
addition, it clearly lists the jurisdictions and re- 
sponsibilities of the various Federal agencies 
involved and establishes specific procedures and 
deadlines for coordinating their actions. The stat- 
\ 
ute also provides for an unusual but clearcut way 
of coordinating State and Federal viewpoints: no 
Federal license shall be issued without the ap- 
proval of the governor of each adjacent coastal 
State. 
® Performance standards. The law sets forth the 
conditions that must be met before the Secretary 
of Transportation may issue a license (it must be 
in the national interest, meet environmental cri- 
teria, meet antitrust requirements, etc.) and also 
directs the Secretary to prepare environmental 
review criteria to be used in evaluating applica- 
tions. 
e Public participation. The Act explicitly provides 
for public access to information about the applica- 
tions, for public hearings, and for judicial review 
and citizen civil action. 
Ocean Dumping 
During the 1950s and 1960s, ocean dumping 
reached proportions that caused considerable pub- 
lic concern. At that time, what limited regulation 
existed was carried out under the authority of the 
New York Harbor Act of 1888, which gave the 
Secretary of the Army power to prohibit disposal of 
waste except for that flowing from streets and sewers 
into the harbors of New York, Hampton Roads, and 
Baltimore. Also in effect was the Refuse Act of 1899, 
which prohibited dumping in navigable waters where 
it would impede navigation. The increasing use of 
the ocean for waste disposal during the past two 
decades is related to increasing coastal land values, 
growing population, industrial growth, and the trend 
toward secondary and tertiary sewage treatment that 
result in large quantities of sludge and toxic residues. 
The ocean was mistakingly viewed as a panacea— 
a “safe” disposal site totally capable of diluting and 
absorbing harmful materials. 
In 1970, the problem of indiscriminate waste dis- 
posal in the marine environment was formally recog- 
nized as a growing problem. In that year the Council 
on Environmental Quality (CEQ) reported to the 
President on environmental problems associated with 
ocean dumping.“! 
The report recommended a comprehensive policy 
on ocean disposal that would regulate dumping and 
prohibit disposal of certain materials harmful to the 
marine ecosystem. The report included an inventory 
of dumpsites, types of environmental effects, govern- 
mental jurisdictions, and related international as- 
pects. CEQ specifically addressed the disposal of 
polluted dredged materials, sewage sludge, and indus- 
*U. S. Council on Environmental Quality. Ocean Dumping: 
A National Policy. Washington, D.C., Government Printing 
Office, 1970, 45 pp. 
trial wastes. It recommended that dumping of pol- 
luted dredge material be phased out as adequate 
alternatives were developed. The report reempha- 
sized the Corps of Engineers’ policy of dredging 
heavily polluted areas only when necessary and after 
weighing navigational benefits against potential envi- 
ronmental damages. CEQ recommended that: (1) 
dumping of undigested sewage sludge be stopped, 
(2) dumping of digested and other stabilized sludge 
be phased out, (3) no new sources be allowed, and 
(4) any necessary continued dumping in cases where 
substantial facilities and/or significant commitments 
existed be considered an interim measure until suit- 
able alternatives were developed and implemented. 
With regard to industrial wastes, CEQ recommended 
that dumping be stopped as soon as possible and 
that dumping of toxic wastes be stopped immediately 
unless there are no alternatives less harmful to man 
and the environment. 
CEQ and the increasing public awareness of the 
potential undesirable effects of waste disposal in the 
marine environment were largely responsible for 
the enactment of the Marine Protection, Research, 
and Sanctuaries Act of 1972 (MPRSA). 
Marine Protection, Research, and Sanctuaries Act of 
1972 
The MPRSA, Public Law 92-532 (33 U.S.C. 1401- 
44, as amended, 16 U.S.C. 1431-34), contains three 
major titles. Title I sets out the primary regulatory 
framework for ocean dumping. It authorizes EPA 
to issue permits for ocean disposal of nondredged 
waste materials and the Corps of Engineers to issue 
permits for disposal of dredged material, and it pro- 
vides for penalties for violations of permit conditions. 
The U.S. Coast Guard is directed to enforce the 
provisions of MPRSA. Under this title, all ocean 
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