Ultimately, the waters and associated waste materials probably become entrained within the Gulf Stream off the coast of North Carolina, near Cape Hatteras. We have no evidence as yet that waste materials dumped at DWD-106 return to shore. We have also concluded that because of the great depths (1800 to 2500 meters), and the characteristics of the waters involved, little material, if any, reaches the bottom at the dumpsite. Studies of the Puerto Rico dumpsite began early in February 1978, in accordance with EPA's listing of priorities for dumpsite investigations. Wastes from eight major pharmaceutical companies, including by-products of antibiotic and various other drug production operations, are being dumped at this site. This poses a particularly complex environmental problem which will require continued monitoring. We are conducting field and laboratory studies to obtain information on biological responses to pharmaceutical wastes. As I have stated, the base funding for our current ocean dumping research program is $1,870,000. With no increase in FY 79, this amount would be used in that fiscal year to continue investigations at Deepwater Dumpsite 106 and at the Puerto Rico Dumpsite. However, the Administration is requesting an additional $1,475,000 to strengthen the program in FY 79. Of that amount, $800K will be allocated to the study of two dredged material dumpsites in the Gulf of Mexico. Another $250K would provide additional ship support to the ocean dumping research program. The remaining $425K will enable us to begin a complementary research program-one not necessarily related to specific dumpsites, but designed to consider basic questions such as the mechanisms of contaminant assimilation by marine organisms. For the first year we plan to initiate laboratory studies on the chemistry of contaminant-seawater mixtures, and effects of such mixtures on planktonic organisms and fish. We plan to make special efforts to ensure that this research on dumped materials will be complementary to and not overlap with any similar work being done by the regulatory agencies. With the requested increase, the NOAA ocean dumping research program under Section 201 would have a total funding of $3,345,000 in FY 79. SECTION 202 Section 202 of the Act requires the Secretary of Commerce to initiate a comprehensive and continuing program of research on the possible long-range effects of marine pollution an ocean ecosystems. Our Agency's research effort in this area totals approximately $5 million; however, these studies are carried out in response to legislation predating the Marine Protection, Research, and Sanctuaries Act and do not constitute a comprehensive program as required by the Act. Through FY 78 no funds have been approved for implementation of Section 202. The President's FY 79 request of $2,560,000 for this section would enable us to establish such a comprehensive program. This would be achieved by undertaking new research efforts which will either strengthen or complement current Federal programs in this area, and by establishing a mechanism through which the total Federal long-range effects research effort can be effectively coordinated. The President's budget request for this part of the proposed Section 202 program is $1,900,000. Of this sum, $400K would be used to establish a group within NOAA responsible for carrying out the coordination function. We also plan to set up a computer-based management information system which would list all relevant federally conducted or sponsored research in this area so that we might identify gaps and duplication and determine priorities. With the coop eration of the other Federal agencies engaged in long-term effects research, we believe that it will be possible to better evaluate and coordinate this research and to make the total Federal effort more cost-effective. Another $1,500K would be allocated to fund additional long-term effects research. We are mindful of the legislative history of Section 202 in that its scope includes all Federally-sponsored research and that sums appropriated for Section 202 would be available to any Federal agency or private research institution if such support would strengthen the overall national effort. As for specific research needs in this area, it is possible to establish some immediate needs without going through systematic analysis. The general categories we plan to address in the initial year are indicated as follows. The estimated funding allocations may vary as planning progresses. Estimated proportion of requested funds Category A. Sources and volume of pollutants introduced into the ocean_ C. Long-term exposure studies___. D. Development of early warning system-- (Percent) 50 30 10 10 As our planning for the first year's program moves along, we will keep the Committee staff informed regarding specific research tasks to be carried out and the agencies or private research organizations to be supported. Another Section 202 initiative contained in the President's budget request is $660K for long-term effects studies in the Gulf of Mexico. This new project is directed at understanding and predicting environmental threats such as industrial pollution and oxygen depletion in the waters of the Gulf of Mexico. The objectives of the program are: (1) to determine the significant processes that affect the sources, routes, and eventual sinks of pollutants entering the Gulf; (2) to provide the basic knowledge of the present state of the marine environment; (3) to provide the understanding required to assist in predicting environmental threats to the Gulf such as red tides, depressed oxygen levels, offshore industrial development, ocean dumping, etc. First-year funds will be used to develop the Program Development Plan ($150K); establish the project office ($240K); analyze historical data ($100K); and initiate field studies ($170K). This concludes my summary of our planned FY 79 activities in response to Title II of the Act. We look forward to carrying out the expanded program planned for FY 79. Furthermore, we wish to assure the Committee that the amounts requested are reasonable and within our capability to allocate in a costeffective manner. With respect to FY 80, our planning has just begun and we are unable to provide a useful estimate of our requirements at this time. Our final decisions for FY 80 will depend, of course, on the outcome of the President's FY 79 budget request and we recommend an authorization for FY 80 of such sums as may be necessary. Mr. Chairman, this completes my statement. I would be pleased to respond to any questions you might wish to ask. QUESTIONS OF THE COMMITTEE WITH ANSWERS BY DR. HESS Question 1. What are NOAA's specific responsibilities under the 1975 interagency ocean dumping agreement between NOAA and EPA? What arrangements exist for carrying out this agreement? For instance, are there periodic formal or informal reviews of each other's needs, programs, and proposed budgets? Please attach a copy of the agreement. Answer 1. NOAA's responsibilities under the March 1975 Ocean Dumping Interagency Agreement with EPA are summarized as follows: Assist EPA in developing specifications of information required for disposal site surveys and evaluations. Provide detailed study plans to EPA and conduct the necessary studies. Prepare reports on findings for EPA, together with copies of survey data. Provide EPA and EPA contractors technical assistance in interpretation of NOAA-collected data for EPA preparation of Environmental Impact Statements. Coordinate preparation of annual reports to Congress with EPA by exchange of information, data, etc. Designate single point of contact as agency coordinator for interagency agreement interactions. (Sections III B. and C. address responsibilities of the coordinator and media matters). The above information extracts NOAA's major responsibilities under the terms of the Agreement (attached) which, however, should be looked at in its entirety for proper context. Specific arrangements established for carrying out the agreement include designation of agency coordinators (Messrs. P. K. Park and T. A. Wastler of NOAA and EPA, respectively), and annual meetings (in April or May) to review EPA dumpsite priorities and NOAA's schedule of field operations. This is augmented by frequent technical meetings throughout the year and periodic working level contact, to review given survey plans or findings, discuss budgetary matters, coordinate testimony at public and congressional hearings, etc. This has proved effective in arranging joint test dump operations, in provision of EPA funds (1974, 1975) to NOAA for cooperative investigations, and in many other instances. Question 2. In August 1970 this Committee held hearings on the disposal of Army munitions at sea, including a proposal at that time to dump fifty-five tons of concrete and steel encased liquid nerve gas into the Atlantic Ocean. Concern about controlling this kind of dumping, and studying the effects of those military materials already dumped, was one factor leading to the passage of the Marine Protection, Research, and Sanctuaries Act. The Committee continues to be interested in this matter, and would like NOAA, if possible, to answer these questions: Has the U.S. military dumped any nerve gas or other munitions into the sea since 1970, especially since the enactment of the MPRSA? If the military continues to dump such materials into the ocean, is it required to get an EPA license and does NOAA advise it about possible sites? Has NOAA or any other agency attempted to locate nerve gas, other conventional munitions, or radioactive wastes dumped into the oceans over the years by the U.S. armed forces? If so, what has been learned about the fate and effects of these materials? Does NOAA now consider these dumped materials to be a threat to the marine ecosystem, worth further investigation? Does NOAA believe that the further ocean dumping of military wastes should be discouraged? Answer 2. To our knowledge the U.S. military has not dumped nerve gas or other munitions into the sea since June 1970. It has definitely not done so since enactment of the Marine Protection, Research, and Sanctuaries Act (MPRSA). Under existing law an EPA permit would be required for such purpose. We are addressing what we believe to be a hypothetical situation, nevertheless NOAA would presumably advise EPA about possible sites. The EPA has, with NOAA assistance in providing ship and submarine support in some instances, conducted studies into prior disposal of radioactive wastes off Delaware and California. This work is being directed by Mr. Robert Dyer at EPA, with the intent of ascertaining residual effects. NOAA considers that these dumped materials could, under certain circumstances, be a potential threat to marine eco-systems and deserving of the studies being carried out by EPA. In terms of discouraging further dumping of military wastes, we would oppose this as a general concept, believing that ocean disposal of all wastes should be discouraged and that alternatives to such action be pursued vigorously. Question 3. What results are expected from NOAA's research on dredged spoils? In particular, does this NOAA research overlap with, complement, or supplement the work of the Corps of Engineers' Dredged Material Research Project? And what procedures exist to coordinate the work of the two agencies on spoils ? Answer 3. The NOAA dredged disposal studies will be site specific, and will be directed towards understanding how the environment will be impacted by the dredged material. We will concentrate on answering such questions as: What will the harmful effects be? How can they be minimized? 25-438 0 78 - 3 Is the site suitable for dredged disposal? What are the transfer processes of toxic material from sediment to the water and to the organisms? What are the natural environmental characteristics and how might they be altered? To answer these questions, NOAA will support baseline studies and investigations that will identify chemical contaminants, water movement to determine the downstream impact area, and biological effects from the dredged material. From the results of the investigations, NOAA would identify pollutant indicators and initiate a monitoring program to determine long-range impact. The work by NOAA will complement and supplement work done by the Corps of Engineers (COE). The studies are to be designed in consultation with COE to build upon the COE broad-based, short-termed Dredged Material Research Program. As stated above, NOAA will concentrate on individual sites and answer specific questions regarding impact of the dredged disposal on the environment. Some areas will supplement the work done by COE. For example, NOAA will test and evaluate the COE/EPA criteria manual for evaluating ecological impact by dredged material which performing the necessary bioassays. In this way NOAA will help COE improve on site evaluation to determine if a site is indeed suitable for disposal. An interagency agreement between NOAA and COE to work cooperatively on dredged material disposal sites is under discussion. Its purpose would be to ensure that the NOAA program of monitoring and research, while fulfilling NOAA's mandate under Title II of MPSRA, provides information required by COE for site evaluation and management. This would be in support of the Title I regulatory provisions carried out by COE. Presently the NOAA Ocean Dumping Program (ODP) staff is working closely with the district COE offices on identifying critical areas of study. Once the site is designated for investigation, COE and NOAA together design a program to assess the ecological impact. COE identifies what its needs are to evaluate the site. NOAA expands on these to initiate a comprehensive program of study. Question 4. In his testimony before the Committee, Mr. Ken Kamlet called for more research on the bioaccumulation of persistent, toxic chemicals, and of pathogens, in marine food-chain species. Does NOAA's fiscal year 1979 budget request provide for a substantially larger effort in this area? If so, what research will be done? For instance, will the effects of chemicals such as kepone receive greater attention? If food-chain research is not be expanded substantially, what are the reasons? Answer 4. Bioaccumulation studies will be initiated for the dredge material investigations. These studies will concern specific disposal sites as identified to NOAA by COE to determine long-term effects in order to evaluate a disposal area. In FY 1980, ODP plans to build on the bioaccumulation studies by initiating research on transferring of toxic materials between organisms, how this is done, and what the effects will be. An ocean disposal area for dredge material is being considered off Virginia Beach. This involves dredging of shipping channels in the lower Chesapeake Bay. If this study begins, then the kepone problem will receive attention. Laboratory studies of bioaccumulation in plankton and fish are being conducted with wastes from Deep Water Dumpsite 106 and Puerto Rico. This work will continue in FY 1979. The NOS Complementary Research Program, scheduled to begin in FY 1979, under the President's budget request before Congress will devote considerable attention to laboratory studies of bioaccumulation in plankton and deep-sea fish, using known toxic transition and heavy metals. Attachment. EPA/NOAA INTERAGENCY AGREEMENT CONCERNING BASELINE SURVEYS AND EVALUATIONS OF OCEAN DISPOSAL SITES, UNDER MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT SECTION 1.-BACKGROUND AND PURCHASE A. Title I of the Marine Protection, Research and Sanctuaries Act, 33 U.S.C. 1401-1444, directs the Administrator of EPA to regulate the dumping of materials into ocean waters, including issuance of permits for such dumping, establishment of criteria for reviewing and evaluating permit applications, and designation of sites and times for such dumping. The Administrator of EPA will require baseline surveys and evaluations of existing and proposed disposal sites for the purpose of evaluating or predicting the effect of ocean disposal operations on the marine environment and guiding regulatory decisions and for the preparation of EIS's. Such surveys and evaluations will involve collection, analyses and interpretation of existing data and information related to existing or proposed sites and field surveys designed to determine physical, chemical, geological and biological characteristics of these sites. B. Title II of the Marine Protection, Research and Sanctuaries Act directs the Secretary of Commerce, in coordination with the Secretary of the Department in which the Coast Guard is operating and with the Administrator of EPA, to initiate a comprehensive and continuing program of monitoring and research on the effects of ocean dumping, and to report his findings at least annually to the Congress. Responsibility for conduct of this program has been delegated to NOAA. C. The purpose of this interagency agreement is to provide for coordination between EPA and NOAA in a program of ocean disposal site baseline surveys and evaluations. This program is consistent with the coordination required under the Act, and is intended to assure that NOAA programs of monitoring and research, while fulfilling NOAA's mandate under Title II of the Act, also provide information required by EPA for site evaluation and management. SECTION II. PROVISIONS A. EPA will identify its requirements for disposal site surveys and evaluations for regulatory purposes. Specifications of information required will be developed in cooperation with NOAA, and EPA will give full consideration to NOAA views and guidelines in formulation or revision of regulations and guidelines specifying requirements for such studies. B. EPA will develop and provide to NOAA a schedule of priorities for surveys and Environmental Impact Statements at existing and proposed disposal sites. C. NOAA will provide detailed study plans to EPA, and conduct the necessary studies. EPA will provide information on the types and quantities of wastes discharged. Funding will be either under NOAA resources or by reimbursement from EPA. In the event that NOAA cannot contract or undertake the required surveys in accordance with EPA's operational program priorities under either NOAA or reimbursable EPA funding, EPA will contract or undertake these surveys directly to the extent of its resources. D. As a result of surveys and evaluations of each disposal site, NOAA will prepare a report or reports on findings in cooperation with EPA. NOAA will provide copies of all survey data, as requested, together with these reports. The reports will be structured, as possible and feasible, to serve as input to preparation by EPA of Environmental Impact Statements required for each disposal site. E. Where deemed necessary, NOAA will provide EPA and EPA contractors technical assistance in the interpretation of the NOAA collected oceanographic data during the preparation of Environmental Impact Statements. This effort may be reimbursed to NOAA by EPA at the discretion of the agency coordinators (see Section III.A.). F. Where EPA imposes monitoring requirements on permittees, these requirements will be developed in consultation with NOAA to reduce the possibility of duplication of effort and insure the standardization of equipments methodologies, and quality control. G. Under Section 112 of the Marine Protection, Research and Sanctuaries Act, the EPA Administrator is required to report annually to the Congress on his administration of Title I. Under Section 201 of the Act, the Secretary of Commerce is required to report at least annually on the findings of the program of monitoring and research. In order to meet these reporting requirements in a coordinated manner, the following provisions will apply: (1) The EPA report will summarize the numbers and types of surveys made, the emphasis on their relation to site designation and other aspects of the regulatory program, and the application of the information to the needs of the regulatory program. (2) The NOAA report will summarize the detailed scientific findings of the surveys, with emphasis on describing the ambient conditions in the disposal sites and the general scientific conclusions drawn from these and other such surveys. |