Bleicher, Samuel A.: Letter of February 6, 1978, to Hon. John B. Breaux .. Borghard, William G.: Letter of December 30, 1977, to Hon. John Breaux. Breaux, Hon. John: Letter of October 18, 1977, to William G. Borghard Hoffman, Charles E.: Letter of January 11, 1978, to Charles Samowitz 75 119 Barth, Delbert S., DAA for Health and Ecological Effects, Office of Re- search and Development, Environmental Protection Agency Brewer, William C., Jr., General Counsel, NOAA, Department of Com- Gage, Dr. Stephen J., Acting Assistant Administrator for Research and Development, U.S. Environmental Protection Agency Hess, Dr. Wilmot N., Acting Associate Administrator, National Oceanic EPA-NOAA Interagency Agreement concerning baseline surveys and evaluations of ocean disposal sites, Under Marine Protection, Re- Anderson, D. R., director, seabed disposal program, Sandia Laboratory. Bleicher, Samuel, Director, Office of Ocean Management, NOAA, Depart- Curtis, Clifton E., on behalf of the Environmental Defense Fund, Friends of the Earth, National Audubon Society, Sierra Club, Wilderness Society, National Wildlife Federation, the International Institute for Environ- ment and Development, and the Environmental Policy Center Deese, David A., research fellow, programs for science and international Deutch, Dr. John M., Director of Energy Research, Department of Long, Bill, Acting Deputy Assistant Secretary for International Environ- Meyers, Sheldon, Director, Division of Fuel Cycle and Material Safety, U.S. 245 Statement of-Continued Pritchard, Hon. Joel, a Representative in Congress from the State of Page 302 Sonenshein, Rear Adm. N., USN (Ret.), on behalf of Global Marine Development, Inc Rowe, Dr. William D., Deputy Assistant Administrator for Radiation 221 337 Webster, Dr. Ferris, Assistant Administrator for Research and Development, National Oceanic and Atmospheric Administration, Department of Commerce 302 Prepared statement.. Additional material suppliedEPA: 303 Article of August 24, 1977: "EPA To Study Radioactivity Releases in 340 Article of October 14, 1977: "EPA To Use Manned Submersible To 341 Environmental surveys of two deepsea radioactive waste disposal sites 374 Response to subcommittee questions 334 Table 1.-Primary U.S. radioactive waste dumpsites 240 Table V.-DOE nuclear energy research funding. Low-level radioactive waste management program. Table 2.-NEA/OECD sea disposal operations Energy Department: Assessment of ocean bed emplacement Table I.-U.S. Commercial waste Table II.-U.S. Defense waste Table III.-Projected spent fuel generation Table IV.-Waste disposal research funding Nuclear Regulatory Commission: Organization for Economic Cooperation and Development: Press release of 240 200 196 196 197 197 197 344 336 July 22, 1977-"OECD Reinforces International Surveillance of Sea 339 State Department: Ratification of convention by Japan 256 Woods Hole Notes: Article of October 1976-"Alvin Participates in Retrieval of Radioactive Waste Container". 342 MARINE SANCTUARIES Hearing held-July 24, 1978 399 Statement of Bailey, George, vice chairman, board of directors, Comprehensive Planning 430, 438 Prepared statement.. 439 Bleicher, Sam, Director, Office of Ocean Management, National Oceanic 400 430 415 Corwin, Dr. Ruthann, professor of environmental planning and ecology, University of California, Los Angeles, coprincipal of Resources Co Prepared statement..... Lagomarsino, Hon. Robert J., a Representative in Congress for the State of Heffernan, Patrick, Natural Resource Management policy specialist, princi- Van Deerlin, Congressman Lionel, to public workshop on national marine Additional material supplied 430, 485 460 408 430, 484 460 446 Bailey, George: Form notice of meeting on May 30, 1978, on establishment of a marine 453 Resolution No. 78-81: "Nomination of Certain Offshore Waters of San 448 Resolution No. 221102....... 454 Additional material supplied-Continued Resolution supporting the marine sanctuary nomination for a coastal 451 San Diego Coast Regional Commission, minutes of Friday, June 16, 449 Boyle, Stephen: Article from Los Angeles Times of June 26, 1978: "Oil Platforms Pose Article from Zoo-Logic: "Funds Are Needed for the Oiled Birds" Fowler, George: Letter of June 30, 1978, to Richard J. Huff Thomas, R. E.: Letter of June 9, 1978, to Paul Graham 437 438 455 452 457 OCEAN DUMPING TUESDAY, SEPTEMBER 20, 1977 HOUSE OF REPRESENTATIVES, COMMITTEE ON MERCHANT Washington, D.C. The subcommittees met, pursuant to notice, at 2:05 p.m., room 1334, Longworth House Office Building, Hon. John B. Breaux, presiding. Mr. BREAUX. The subcommittees will please come to order. Today, the Subcommittees on Oceanography, and Fisheries and Wildlife Conservation and the Environment of the House Merchant Marine and Fisheries Committee convene hearings on H.R. 5851, a bill to amend the Marine Protection, Research and Sanctuaries Act of 1972. If enacted, this bill would statutorily establish a deadline of December 31, 1981, after which all interim permit holders would have to stop ocean dumping. This deadline would apply to all persons dumping materials, such as sewage sludge and industrial wastes which do not comply with EPA's ocean dumping criteria. I might add that this policy is already articulated in EPA's ocean dumping rules and regulations issued on January 11 of this year. In addition, H.R. 5851 would impose a mandatory penalty fee on all interim permit holders. The fee would amount to not less than the difference between the cost of ocean dumping and the cost of an acceptable land-based alternative. The proceeds from these fines would go into the U.S. Treasury. The bill gives EPA the option of waiving all or part of the penalty fee if, to the satisfaction of the Administrator, the interim permit holder will expend the equivalent amount of money waived on the research, development, demonstration, or implementation of land-based alternatives. The intent of this fee is twofold. First, it would remove any financial incentive to ocean dump. Second, it would encourage interim permit holders to expend money on the development and implementation of acceptable land-based alternatives. H.R. 5851 contains a number of other amendments to the Ocean Dumping Act. Applicants for ocean dumping permits would be required to pay a processing fee in an amount commensurate with the administrative costs of processing the permit. The Corps of Engineers which administers the dredged material disposal program would be required to inform EPA of any interagency agreements they make with regard to the act. Lastly, responsibility over land-based alternative research programs would be transferred from the National Oceanic and Atmospheric Administration to EPA which has developed a long standing expertise in such research through the programs established by the Federal Water Pollution Control Act. [The bills follow:] [H.R. 4715, H.R. 5282, and H.R. 5851] BILLS To amend the Marine Protection, Research, and Sanctuaries Act of 1972 regarding the issuance of interim permits for ocean dumping, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Ocean Dumping Amendments Act of 1977". SEC. 2. Section 102 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1412) is amended— (1) by striking out all the matter in subsection (a) appearing immediately before "the Administrator" the first place it appears therein and inserting in lieu thereof the following: "SEC. 102. (a)(1) No permit may be issued under this title with respect to any radiological, chemical, and biological warfare agent or any high-level radioactive waste. "(2) No permit may be issued under this section with respect to any dredged material to which section 103 of this title applies. "(3) Subject to paragraphs (4) and (5) of this subsection,"; (2) by adding at the end of subsection (a) the following new paragraphs: "(4) Except as provided in paragraph (5) of this subsection, the Administrator may not issue any permit under this section on or after the date of the enactment of the Ocean Dumping Amendments Act of 1977 unless the material to be transported or dumped meets the criteria established under paragraph (3) of this subsection. "(5)(A) Until December 31, 1981, the Administrator may issue interim permits for the transportation for the purpose of dumping into ocean waters material which does not meet the criteria established under paragraph (3) of this subsection; but any such permit— "(i) may not be issued to other than a person who dumped material of the same type into ocean waters before the date of the enactment of this Act, "(ii) shall apply only with respect to material of that type, and "(iii) may only be issued if the Administrator finds that such person has no immediately available alternative for the disposal of such material other than dumping into ocean waters. "(B) No interim permit issued under this paragraph, or any renewal of any such permit, may have an effective period exceeding one year after the date of issue. "(C) In addition to such other provisions as may be imposed by the Administrator on permits issued under this paragraph, the Administrator shall require each person issued an interim permit to expend adequate funds, during the effective period of the permit, for research, in conjunction with the Administrator, into one or more methods for disposing, other than by ocean dumping, of the type of material covered by the permit. The Administrator shall specify for any permittee an alternative method of material disposal on which the permittee must so expend adequate funds, if the Administrator determines that alternative method is technologically and economically achievable (taking into account the relevant factors pertaining to the type of material concerned and to the region in which the facility of the permittee is located) and environmentally less harmful than ocean dumping. If the Administrator does not specify an alternative method for research under the preceding sentence for a permittee, the permittee must undertake research, in conjunction with the Administrator, on one or more alternative methods for the disposal of the material concerned in compliance with the criteria set forth in paragraph (3) of this subsection as soon as possible, but not later than December 31, 1981. For purposes of this subparagraph, the term 'adequate funds' means an amount determined by the Administrator to be necessary to carry out in a responsible manner, within the effective period of the permit, the research required under the permit; except that, in any case in which the Administrator specifies an alternative method for research, the amount may not be less than the difference, as estimated by the applicant and approved by the Administrator, between the cost of disposing of the material by ocean dumping for the effective period of the permit and the estimated cost of disposing of the material during such effective period by the alternative method.". SEC. 3. Section 104(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C 1414(b)) is amended to read as follows: "(b) The Administrator or the Secretary, as the case may be— |