II of the Ocean Dumping Act. EIS's on a few dredged material sites will be included in this contract, but the funds presently available will not permit us to prepare EIS's on all dredged material sites. We are, therefore, directing our efforts toward those sites which we anticipate are having the most severe impact on marine ecosystems. We are working closely with the Corps of Engineers in this activity and are negotiating an interagency agreement which will delineate the respective roles of the two agencies in this area. Review of Corps of Engineers permits issued for dredging activities is done by EPA regional offices on a routine basis, and no formal agreement has been needed to clarify relationships in this part of the program.

Over the past 3 years, EPA has supported the development of new technology for monitoring the impacts of ocean dumping. We have developed by contract sensitive biological monitoring devices and techniques designed to detect changes in the enzyme balances of marine organisms due to the presence of certain specific pollutants long before any toxic effects occur. These devices, known as Biotal Ocean Monitors [BOM's], have been thoroughly tested in the Gulf of Mexico and at the Philadelphia sludge dumping site. This summer they will be used as an operational monitoring tool in the New York Bight.

The Coast Guard is responsible for normal surveillance of dumping operations. Coast Guard districts are provided with a copy of each permit, and dumpers are required to give the Coast Guard advance notice of their dumping schedules. This system has worked quite well in practice and no formal agreement has been necessary between EPA and the Coast Guard. During calendar year 1977, the Coast Guard performed a total of 1,291 surveillance missions. This represents surveillance of 72 percent of all toxic chemical dumps and 22 percent of all other dumps done on a spot-check basis so the monitoring is more effective.

We have also been deeply involved in incineration at sea as an alternate means of disposal especially of some combustible toxic organics when traditional methods would create an unacceptable risk. EPA has taken the lead in establishing operating guidelines for incineration at sea and in exploring the potential of this new technology as an acceptable means of disposal for certain types of wastes. International guidelines for incineration at sea are being developed under the International Ocean Dumping Convention, and much of the information being used was developed by EPA during research and operational burns over the past several years. During 1977, the U.S. Air Force incinerated 2,300,000 gallons of Herbicide Orange aboard the M/T Vulcanus in the Pacific Ocean under EPA permit. Much valuable information was collected during this operation, and the data collected will be used to develop criteria under which incineration at sea can be done safely. The disposal of dredged material is a matter of continuing concern, particularly when massive harbor deepening projects are being considered. The Corps of Engineers dredged material research program has made great contributions in pointing out how dredged material can be used in beneficial ways. Some of these approaches should be explored in more detail in terms of how dredged material can be used to enhance, rather than degrade, the

marine environment. The building of artificial islands and estuarine habitats are approaches that could make dredged material a beneficial resource rather than a waste. We feel that large-scale demonstrations of such approaches are needed.

The administration's fiscal year 1979 budget request for title I of the MPRSA calls for $1.4 million. The 1980 budget request is now in preparation. Continued funding will be required, particularly to increase our studies of dredged material sites and to designate acceptable sites at an early date. The 1979 budget request does maintain support for the ocean dumping program and conforms to the administration's budgetary limitations.

The funding of title II of the Water Act, however, with its 75 percent funding of sludge facility construction costs will be critical in reaching the 1981 deadline.

Mr. Chairman, this concludes my prepared statement. I will now be happy to answer questions you or members of these subcommittees may have.

Mr. BREAUX. Thank you very much for your statement, Mr. Jorling.

On page 2 you mention the 1981 deadline that is included in both the regulations that your Agency has promulgated and the law Congress passed last year making it an absolute deadline. One thing that disturbs me immediately is the fact that in the next paragraph you explain that the State of New York has been granted an additional time extension for the submission of their facility plans.

Do you think this in any way will hamper their ability to reach the 1981 deadline?

It is disturbing to see that this was done. I could tolerate it if I could be assured that it would not affect compliance with the 1981 deadline.

Mr. JORLING. The facility planning extension was granted in order to broaden the scope of the planning process itself, to include broader reach of the metropolitan area sludge dumpers, rather than have a facility plan for each separate facility, or each separate project, which is generating sludge.

We, and the city of New York, and now the metropolitan area communities agree that we should look at this program from a more comprehensive view to determine the feasible alternatives to the ocean dumping. That extension should have no effect on the 1981 date, except to accelerate compliance, rather than to delay it. We think by including a broader reach of these communities, the economics of scale, and what have you, should come into play to enable the actual implementation of the alternatives by the required date.

Mr. BREAUX. Does your Agency really believe that New York City and other communities in New York and New Jersey will be able to meet the 1981 deadline?

Mr. JORLING. Yes, we believe that they can.

Mr. BREAUX. I notice that you have set up in their latest interim permit, a schedule that has something like 28 interim dates leading to the cessation of all ocean dumping by 1981 for New York City. What happens if they do not meet each one of these interim dates?

33-546 - 78 - 6

Is there a penalty clause, or are these just target dates that the city is supposed to have something done by?

Mr. JORLING. Each interim date in each schedule mentioned is an enforceable requirement. As these dates come, judgment can be made as to whether compliance has been made, or enforcement actions of one or another sort should be taken to bring the schedule back on track.

One of the problems we have had in the past has been we have had final dates, but we have sort of left these communities alone up until that final date. We have not had the ongoing surveillance and monitoring, or the opportunity to provide technical assistance or financial assistance at appropriate times to keep an overall program on track.

The inclusion of these interim dates in the region II permits, we think, will enable us to work with the communities, train with them, and in fact, reach the final date objectives that are set forth. Mr. BREAUX. According to these schedules, where are they now? Have these communities met all of the conditions and interim dates included in their respective permits so far?

Mr. JORLING. These permits were issued, I believe, on January 10, effective February 15. I think we can supply a schedule of dates for the record, which gives you the benchmark, or the milestones that are set forth.

Mr. BREAUX. I think that would be helpful. Are you saying that what has recently been set up is just a new schedule of 28 interim dates?

Mr. JORLING. That is correct.

Mr. BREAUX. Do you remember when the first interim deadline was? I would like to know. Can you supply it for the record? Do you know how far apart these milestones are, approximately?

Mr. JORLING. I am informed that the first interim date is within 30 days after the permit has been issued, but unless I look specifically here-▬

Mr. BREAUX. Would you supply the interim dates for the record? We would like to be able to monitor this matter.

[The following was received for the record:]

PERMIT INFORMATION AND INTERIM DATES

Attached for the record are the following:

1. A complete copy of the New York City ocean dumping permit with the forwarding letter addressed to Charles Samowitz. The permit shows the interim dates in Special Condition No. 7 beginning on page 11.

2. Excerpts from the rest of the municipal ocean dumping permits issued by Region II (New York) which show: (a) the name of the applicant, waste generator, and waste transporter; and (b) Special Condition No. 7, the Implementation Plan, Schedule, or Alternative, for each permittee.

In Region II's municipal ocean dumping permits, all General Conditions are the same. Variations in special Conditions are listed below:

Special Condition Number:

1. All the same unless the phase-out date is this year.

2. The wording is the same, but the volumes change by permit.

3. All the same.

4. Only the names of the barges change.

5. In some cases the waste generator does the analyses, in others the transporter. Otherwise, the language is the same.

6. The same holds true for the monitoring.

7. Included for the record.

8, 9, 10. Language is the same.

11. Language is the same, but it depends on the individual responsibilities of the generator and the transporter.

Re Ocean dumping permit NY 009.

Mr. CHARLES SAMOWITZ, P.E.,

U.S. ENVIRONMENTAL PROTECTION AGENCY,
New York, N. Y., January 11, 1978.

Commisioner, Department of Water Resources,
NYC EPA, New York, NY.

DEAR MR. SAMOWITZ: Enclosed you will find the ocean dumping permit referenced above which has been issued by the Regional Administrator of the United States Environmental Protection Agency, Region II, pursuant to authority granted in § 1412 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. §§ 1401-1444).

I urge you to read your permit carefully and to become thoroughly familiar with those provisions for which you are liable, either solely or jointly and severally with another person or entity, in the event of any noncompliance. It is the policy and practice of this Regional Office to enforce these permits strictly and to seek substantial penalties for their violation.

I would like to point the particular importance of complying with this year's permit. Under 40 Č.F.R. § 220.3(d), no permits may be issued after April 23, 1978 unless the Regional Administrator determines that the permittee has an implementation schedule adequate to allow phasing out of ocean dumping by December 31, 1981 at the latest and that the applicant has demonstrated that he has exercised his best efforts to comply with all provisions of the previously issued permits. As indicated in the Preamble to the Regulations, 42 Fed. Reg. 2463, January 11, 1977, the EPA has not retained discretion to issue further interim permits to applicants who do not comply with the requirements of § 220.3(d) including the deadlines set therein.

Thank you for your cooperation in the application and permit issuance procedures. Should you have any questions on any aspect of your ocean dumping permit, do not hesitate to refer them to either Peter Anderson, Chief of the Marine Protection Programs, or to the undersigned.

Sincerely yours,

Enclosures.

CHARLES E. HOFFMAN, Attorney, Water Enforcement Branch, Enforcement Division.

U.S. ENVIRONMENTAL PROTECTION AGENCY-MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT (OCEAN DUMPING) PERMIT

Permit No. and type: II-NY 009-Interim.

Effective date: February 15, 1978.

Expiration date: January 9, 1979.

Reapplication date: July 10, 1978.

Applicant: Charles Samowitz, P. E., Commissioner, Dept. of Water Resources, NYC EPA, Municipal Building, New York, N.Y. 10007.

Waste generator(s): Same as applicant.

Waste generated at: See Table I.

Port of departure: New York, N.Y.

Waste transporter(s): NYC, Envir. Protection Adminis., DWR, Municipal Bldg., New York, N.Y. 10007; and any person owning or operating a towing vessel employed for the purpose authorized herein.

This permit authorizes the transportation and dumping into ocean waters of certain material pursuant to the Marine Protection, Research, and Sanctuaries Act of 1972, 33 U.S.Č. 1401-1444 (hereinafter referred to as "the Act"), regulations promulgated thereunder, and the terms and conditions set forth below.

General conditions

1. All transportation and dumping authorized herein shall at all times be undertaken in a manner consistent with the terms and conditions of this permit. The applicant, waste generator(s) and waste transporter(s) designated above shall be the permittees liable for compliance with such terms and conditions. The liability of each is set forth in the Special Conditions. Compliance by any permittee with one or more but less than all of the conditions with which such permittee must comply will

not constitute a ground or grounds of defense in any proceeding against that permittee for violation of the provisions of this permit.

2. Any person who violates any provision of the Act, the Final Regulations issued thereunder, or any term or condition of this permit shall be liable for a civil penalty of not more than $50,000 for each violation. Additionally, any knowing violation of the Act, Final Regulations, or permit may result in a criminal action being brought with penalties of not more than $50,000 or one year in prison, or both.

3. (a) Transportation to, and dumping at any location other than that authorized by this permit shall constitute a violation of the Act and of the terms and conditions of this permit.

(b) Transportation and dumping of any material not identified in or significantly in excess of that identified in the application for this permit, unless specifically authorized by a written modification hereto, shall constitute a violation of the Act and of the terms and conditions of this permit.

4. Nothing contained herein shall be deemed to authorize, in any way, the transportation from the United States for the purpose of dumping into the ocean waters, into the territorial sea, or into the contiguous zone, of the following material:

(a) High-level radioactive wastes.

(b) Materials, in whatever form, produced for radiological, chemical or biological warfare.

(c) Persistent synthetic or natural materials which may float or remain in suspension in the ocean.

5. The applicant may not apply for, nor any permittee simultaneously hold, a permit from another EPA Regional Office for any of the material to which this permit is applicable, nor may the applicant or any permittee transfer material from one EPA Region to another if a permit for the transportation or dumping of such material has been denied by one EPA Region.

6. After notice and opportunity for a hearing, this permit may be modified or revoked, in whole or in part, during its term for cause including, but not limited to, the following:

(a) Violation of any term or condition of the permit;

(b) Misrepresentation, inaccuracy, or failure by the applicant to disclose all relevant facts in the permit application;

(c) A change in any condition or material fact upon which this permit is based that requires either a temporary or permanent reduction or elimination of the authorized transportation or dumping including, but not limited to, changes in conditions at the designated dump site, and newly discovered scientific data relative to the granting of this permit.

(d) Failure to keep records, to engage in monitoring activities, or to notify appropriate officials in a timely manner of transportation and dumping activities as specified in any condition of this permit.

7. This permit shall be subject to suspension by the Regional Administrator or his delegate if he determines that the permitted dumping has resulted, or is resulting, in imminent and substantial harm to human health or welfare or the marine environment. Such suspension shall be effective subject only to the provisions of 40 CFR 223.2(c).

8. The authority conferred by this permit may, at the discretion of the Regional Administrator or his delegate, be transferred to a waste transporter other than that (those) named herein, provided that a request for such a transfer be made, in writing, by the applicant at least 10 days prior to the requested transfer date. 9. If material which is regulated by this permit is discharged due to an emergency to safeguard life at sea in locations or in a manner not in accordance with the terms of this permit, one of the permittees shall make a full report, in accordance with the provisions of 18 U.S.C. 1001, within 10 days to the Regional Administrator detailing the conditions of this emergency and the actions taken.

10. Unless otherwise provided for herein, all terms used in this permit shall have the meanings assigned to them by the Act or the Final Regulations issued thereunder.

11. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to property or any invasion of rights, nor any infringement of Federal, State or local laws or regulations, nor does it obviate the necessity of obtaining State or local assent required by applicable law for the activity authorized.

12. This permit does not authorize or approve the construction of any onshore physical structures or facilities or, except as authorized by this permit, the undertaking of any work in any navigable water.