Martin B. Biles sae -3- eS Different approaches are inherent in the domestic and international regulations: a. The Act applied by EPA requires containment of con- tarninated material after it reaches the ocean floor such that levels outside the container are "innocuous,"' The term innocuous in nowhere defined in any numerical way or otherwise. EPA will apparently hoid to itself the determination of what is innocuous fora particular set of circumstances. This 3 one indeterminate mentioned earler. b. The International Regulations require that packaged wastes reach the ocean bottom intact. Practical means are to ee ee ee Lee ee eee be used to put the debris ina relatively insoluble form or to place it in a relatively inacluble matrix by designing containment to retain the material for an unspecified period, or ta select an area with characteristics that facilitate retention in the site vicinity. 5. The Act and EPA Regs. provide that a permit may be granted by EPA after the request for a permit has survived a “hearing"' and open debate where any person may appear whether or not represented bycounsel or any other authorized representative. The Administrator of EPA is made the final judge of results from the Hearing. How he will do this is not indicated. (Even the pravisions of NEPA, related to a Hearing on an Environ- mental Impact Statement, do not require this. ) 6. The International Regulations require no public Hearing pro- cedures nor is there a requirement to seek approval from any other nation's representatives. mpins?Whe ce etn Lane Itern C.1.2 of Appendix IZ states, "It would be prudent for the appropriate national : ‘ eet Te authorities to authorize dumping at the lowest rate which is reasonably practicable, having regard to the development of applications of nuclear energy. "' . : Te Dr. Rowe of EPA states in Enclosure V that ''The U.S. has had a national policy of no ocean dumping of radioactive wastes since 1970.'' He states further that "it was surely the intent of PL 92-532 and the EPA regulations to rigidly control or even to prohibit such dumping. Thus, it appears that EPA staff believe that itis U.S. policy to prohibit such dumping. OFFIC!» SURNAM L p> CATC } Form AEC-318 (Rev. 9-53) AECM 0240 Ww U. 8, GOVERNMENT PRINTING OFFICE! 1074-526-168