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On page 16 of the draft, reference is made to the possible
disposal of plutonium contaminated soil and radioactive scrap in the
deep lagoon or deep ocean.
Title I, Sec. 101l(c) of PL 92-532 states,

"No office, employee, agent, department, agency, or instrumentality
of the United States shall transport from any location outside the
United States any radiological, chemical, or biological warfare agent

or any high-level radioactive waste for the purpose of dumping it into

ocean waters."

Section 227.21 of EPA's Final Regulations and Criteria

also prohibits the dumping of these materials.

Although the plutonium

and other radioactive materials that may be dumped in the Enewetak

lagoon or near-by deep ocean, may not strictly be covered by the defini-

tions of "radiological warfare agents" or "high-level radioactive

wastes," it was surely the intent of PL 92-532 and the EPA regulations

to rigidly control or even prohibit such dumpings.
We believe this is
a Matter that requires further discussion between EPA, AEC, DoD, and
DOI.
Another important consideration for the proposed alternative of
ocean dumping of Enewetak contaminants is the international implica-

tions.

The few countries disposing of radioactive materials in the

oceans do so under the international supervision of the Nuclear Energy
Agency.
The draft recommendations for ocean dumping of nadioactive
wastes being developed by the International Atomic Energy Agency also
recommend international supervision of such dumping operations.
The
current Enewetak recommendations provide for unilateral action with
no international supervision.
The U.S. has had a national policy of
no ocean dumping of radioactive wastes since 1970.
Any proposal to
reverse such a policy now would have to involve the U.S. Department
of State in view of the United States having already ratified the
International Ocean Dumping Treaty.

We will be glad to meet with you or your staff to discuss these

Matters if you so desire.

Sincerely yours,

(LY fr--e_W. D. Rowe, Ph.D.
Deputy Assistant Administrator
for Radiation Programs (HM-558)
cc:
Mr. R. W. Musser, EPA
Mr.

R.

Leachman, DNA

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