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Hearings held-

September 20, 1977

February 1, 1978

Text of—

H.R. 4715.

H.R. 5282.

H.R. 5851.

Statement of-

Biglane, Kenneth, Division Chief, Oil and Special Materials Division,

Environmental Protection Agency

Bleicher, Samuel N., Director of Ocean Management, NOAA, Department

of Commerce

Diamond, Henry, counsel, city of Philadelphia, Water Department

Hess, Dr. Wilmot N., Acting Associate Administrator, National Oceanic,

and Atmospheric Administration, U.S. Department of Commerce

Johnson, Cmdr. Phil, NOAA Corps, Department of Commerce

Jorling, Thomas, Assistant Administrator for Water and Hazardous Mate

rials, Environmental Protection Agency

Kamlet, Kenneth S., on behalf of the National Wildlife Federation.

Prepared statement

Low, Robert A., administrator, New York City Environmental Protection


Milholland, John, NOAA General Counsel's Office, Department of Com-


Rhett, Jack, Deputy Assistant Administrator for Water Programs, Envi.

ronmental Protection Agency

Rivlin, Martin, counsel, Division of Plant Operations, Division of Water

Pollution Control and Chief, Enforcement and Compliance Unit, New

York City Department of Environmental Protection

Townsend, Steven, city of Philadelphia, Water Department, chief, sludge

disposal section

Wastler, T. A., Marine Protection Branch, Oil and Special Materials,

Environmental Protection Agency

Additional material supplied-


Answers to questions of Mr. Breaux

Dumping at the 106-mile site...

Emergency, definition

Marine Protection, Research and Sanctuaries Act permit

New York and Philadelphia funding of research

Pending ocean dumping cases against EPA.

Permit information and interim dates ....

Sec. 102(AX5XC) recommended language.

Evans, Hon. Thomas B.:

Article from Wilmington (Del.) News Journal, Sept. 19, 1977:

"Editorial: Upstream Neighbor"

Kamlet, Kenneth S.:

Article: "General Policy: Pollution Tax Supported by Union Carbide


"Noncompliance Fee" approach of S. 1952, 95th Cong., as recom-

mended by EPA


Additional material supplied-Continued

Low, Robert A.:

Penalty fee as condition to interim permits for ocean dumping of



Answers to Mr. Breaux's questions

Budget, fiscal years 1975-78, for designation and operation of Marine


Communications submitted-

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

Jorling, Thomas C.: Letter of February 7, 1978, to Hon. John B. Breaux ....


Hearing held-October 3, 1977.

Text of—S. 1617....

Statement of

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

and Atmospheric Administration, Department of Commerce.

Additional material supplied-


Budget for research and development

Interagency coordination between NOAA and EPA

Marine and estuarine research of the EPA

Marine research public laws


EPA-NOAA Interagency Agreement concerning baseline surveys and

evaluations of ocean disposal sites, Under Marine Protection, Re-

search and Sanctuaries Act.

Marine environmental research, fiscal year 1978

Marine research legislation

Research and development, NOAA-fiscal year 1978





302 303



Statement of-Continued

Pritchard, Hon. Joel, a Representative in Congress from the State of

Washington .......
Rowe, Dr. William D., Deputy Assistant Administrator for Radiation

Programs, Environmental Protection Agency
Sonenshein, Rear Adm. N., USN (Ret.), on behalf of Global Marine Devel-

opment, Inc
Webster, Dr. Ferris, Assistant Administrator for Research and Develop-

ment, National Oceanic and Atmospheric Administration, Department
of Commerce

Prepared statement.
Additional material supplied

Article of August 24, 1977: “EPA To Study Radioactivity Releases in

Pacific Deepsea Dumpsite”
Article of October 14, 1977: “EPA To Use Manned Submersible To

Study Pacific Deepsea Radioactive Waste Dumpsite"
Environmental surveys of two deepsea radioactive waste disposal sites

using submersibles
Response to subcommittee questions
Table 1.-Primary U.S. radioactive waste dumpsites

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.

Table V.-DOE nuclear energy research funding.
Nuclear Regulatory Commission:

Low-level radioactive waste management program.

Response to questions of subcommittee ..
Organization for Economic Cooperation and Development: Press release of

July 22, 1977—“OECD Reinforces International Surveillance of Sea

Dumping of Radioactive Waste".
State Department: Ratification of convention by Japan.
Woods Hole Notes: Article of October 1976—“Alvin Participates in Retriev-

al of Radioactive Waste Container"..

374 334 240 240

200 196 196 197 197 197

344 336

339 256


MARINE SANCTUARIES Hearing held—July 24, 1978

399 Statement ofBailey, George, vice chairman, board of directors, Comprehensive Planning Organization ....

430, 438 Prepared statement...

439 Bleicher, Sam, Director, Office of Ocean Management, National Oceanic and Atmospheric Administration, Department of Commerce

400 Boyle, Stephen, President, Get Oil Out organization

430 Cassell, John K., senior geologist, Chevron U.S.A., Inc

415 Corwin, Dr. Ruthann, professor of environmental planning and ecology, University of California, Los Angeles, coprincipal of Resources Co ..... 430, 485 Prepared statement.....

460 Lagomarsino, Hon. Robert J., a Representative in Congress for the State of California

408 Heffernan, Patrick, Natural Resource Management policy specialist, principal of resources, official representative of Santa Barbara County

430, 484 Prepared statement...

460 Van Deerlin, Congressman Lionel, to public workshop on national marine sanctuaries program, Bahia Hotel, San Diego, April 18, 1978 ....

446 Additional material suppliedBailey, George:

Form notice of meeting on May 30, 1978, on establishment of a marine

Resolution No. 78-81: “Nomination of Certain Offshore Waters of San
Diego and Orange Counties"

448 Resolution No. 221102...




Additional material supplied-Continued

Resolution supporting the marine sanctuary nomination for a coastal

area offshore of San Diego and Orange Counties
San Diego Coast Regional Commission, minutes of Friday, June 16,

1978. Boyle, Stephen:

Article from Los Angeles Times of June 26, 1978: "Oil Platforms Pose

Hazard, Shippers Say; Proposal for Two Drilling Rigs at Entrance of

L.A. Harbor Assailed”

Article from Zoo-Logic: “Funds Are Needed for the Oiled Birds" Communications submitted

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Fowler, George: Letter of June 30, 1978, to Richard J. Huff
Thomas, R. E.: Letter of June 9, 1978, to Paul Graham
Watkins, Dal L.: Letter of June 8, 1978, to Richard Huff





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

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