dumping is prohibited except when authorized by per- 
mit, and disposal of certain types of wastes flatly 
prohibited (radiological, chemical, and biological 
warfare agents, and high-level radioactive wastes). 
Permits for other substances are granted if it can be 
determined that “such dumping will not unreason- 
ably degrade or endanger human health, welfare or 
amenities, or the marine environment, ecological sys- 
tems or economic potentialities.” The question of 
what constitutes unreasonable degradation is left to 
the judgment of EPA and the Corps.” 
Section 102 authorizes EPA to issue several classes 
of permits, including general, special, emergency, in- 
terim, research, and incineration at sea: general— 
small quantities having minimal adverse environ- 
mental effects; special—dumping materials which 
satisfy the criteria for a duration of 3 years; emer- 
gency—materials posing an unacceptable risk to 
human health and for which there is no disposal 
alternative; interim—amay be issued up until April 23, 
1978, for materials not in compliance with the cri- 
teria and only from facilities with a history of ocean 
dumping; research—dumping when scientific merit 
outweighs potential environmental hazards; sea in- 
cineration—such things as organic chloride wastes, 
wooden materials, derelict vessels. 
The Corps permits issued under Section 103 for 
dredged material disposal are subject to EPA criteria 
as well as an independent evaluation by the Corps. 
EPA and the Corps have jointly developed an imple- 
mentation manual for ecological evaluation of pro- 
posed disposal of dredged material into ocean waters. 
The International Convention on the Prevention of 
Marine Pollution by Dumping of Wastes and Other 
Matter, which was adopted in November 1972, is 
closely alined philosophically with the intent of 
MPRSA. The Convention, fully effective in August 
1975, aims to regulate dumping from vessels, aircraft, 
and manmade structures. It prohibits dumping of cer- 
tain persistent toxic materials, as well as high-level 
radioactive wastes and biological and chemical war- 
fare agents. Ocean dumping regulations issued by 
EPA are consistent with the Convention. 
Under Title I, Section 107(c) of MPRSA, the Sec- 
retary of the Department under which the U.S. Coast 
Guard (USCG) is operating shall provide ocean 
dumping surveillance and appropriate enforcement 
activity to prevent unlawful transportation of mate- 
rial for dumping or unlawful dumping. Such enforce- 
ment includes safe transportation, handling, storage, 
stowage, and carriage. Section 108 authorizes the 
Secretary of the Army, the Administrator of EPA, 
and the Secretary of the department under which the 
USCG is operating to issue regulations for carrying 
out their responsibilities under the Act. The Coast 
U.S. Congress, Senate, Committee on Commerce. Ocean 
Dumping Regulation: An Appraisal of Implementation. Wash- 
ington, D.C., Government Printing Office, 1976, p. 89. 
Guard’s primary activities under MPRSA are di- 
rected at surveillance of toxic materials and spot 
checks of nontoxic dumps. Lowest priority exists for 
dumping associated with Federal dredging projects 
(not requiring permits), which represent more than 
85 to 90 percent of all U.S. ocean dumping.** Sur- 
veillance achievements have improved significantly 
for each of the last 3 years.** 
Title I] of the MPRSA deals with Comprehensive 
Research on Ocean Dumping and is largely in re- 
sponse to the critical data gaps identified by the 
1970 CEQ report. Section 201 requires the Secretary 
of Commerce, in coordination with the Secretary of 
the department under which the Coast Guard is oper- 
ating and the Administrator of EPA, to undertake a 
research and monitoring program dealing with effects 
of ocean dumping. An annual report to the Congress 
must include an evaluation of short-term ecological 
and socioeconomic effects. 
Section 202 requires the Secretary of Commerce, 
in consultation with other Federal agencies, to initi- 
ate a research program dealing with long-term effects 
of pollution, overfishing, and other man-induced 
changes in ocean ecosystems, and also requires an 
annual report to the Congress. Section 203 calls for 
research on ending or minimizing all ocean dumping 
by 1978, and also is the responsibility of the Secre- 
tary of Commerce. Title III authorizes the Secretary 
of Commerce, after consultation with the Secretaries 
of State, Defense, Interior, and Transportation and 
the Administrator of EPA, to designate areas of the 
Continental Shelf and the Great Lakes as marine 
sanctuaries in order to preserve or restore such areas 
for their recreational, conservation, ecological, or es- 
thetic values. 
Status of Ocean Dumping 
Dredged Material 
Dredge material by weight is the most significant 
material being disposed of in the oceans. The amount 
dumped annually constitutes over 90 percent of total 
waste disposed of in the marine environment. The 
amount of spoil requiring ocean dumping (about 30 
to 40 percent) has increased over the years. It has 
been estimated that over the past years polluted 
dredged wastes constitute at least one-third of the 
total waste dumped. *°3%37 
“U.S. Congress, op. cit. note 32. 
* Department of Transportation Report to Congress on Ocean 
Dumping Activities for 1976. 
*U.S. Department of Commerce, NOAA. Report to the Con- 
gress on Ocean Pollution, Overfishing, and Offshore Development 
—July 1975 through September 1976, Washington, D.C., Govern- 
ment Printing Office, November 1977. 
“United Nations, Joint Group of Experts on the Scientific 
Aspects of Marine Pollution (GESAMP). Scientific Criteria for 
‘the Selection of Sites for Dumping of Wastes Into the Sea. Re- 
ports and Studies No. 3, 1975, p. 21. 
7 National Academy of Sciences—National Research Council. 
Disposal in the Marine Environment: An Oceanographic Assess- 
ment. Washington, D.C., 1976, p. 76. 
VI-12 
