C CO 2 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. 101(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 radioacti.2 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 bv 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 implications. 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 radioactive 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, (RA 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 a Omen ee Te ee - rasa oritey, oboe Sede ety! re _ . . OY orie - af > ey t Pe Bee OF a ae PTR v he te ny EETia mewr to me SPs or EET: we To uy ye Ng ag, aye: ha aS oe tae eet aoe dies7ee, o es : fe te epfe fey m yas . 6 20