he

awl,

Martin B. Biles
8.

Enclosure VI shows the quantity of alpha wastes, assumed to

be 239Pu, dumped into the ocean during the last eight yeara
under a program managed by the European Nuclear Energy
Agency. Thus, the International policy is to allow ocean

Gumping of limited quantities of radioactivity in a controlled
fashion and there ia an agency to facilitate and coordinate
dumping by certain European nations.

The added features of the Act and EPA Regas., (compared to

a

U.S. agencies from putting radioactivity into the ocean, are of

.

walle om ks Caob et asta illaenae a Nae a a een

International Regulations) which in our experience prohibits only
questionable value in protecting the ocean environment and are
of no use in solving any waste disposal problems inthe U.S. These
provisions are highly discriminatory againstthe U.S. considering
that other nations are dumping radioactive wastes into the ocean.
Ocean dumping by otter nations will presumedly continue since

such actions are allowed nese the International Regulations without

90 much "red tape.'' Forgcases such as cleanup of old radioactive
facilities and nuclear testing grounds, these regulations are in
conflict with our requirement to keep exposures of people as low as
practicable. In this context, U.S. regulations have a negative benefit

for U.S. people. _

As stated by Mr, Wastler in item 3c of Enclosure I'"'.... if you have

a DEIS which states another feasible disposal method, it virtually
eliminates one of the requirements for an ocean dumping permit,
namely the lack of ai alternate dispasal method.'' This statement
reveals probably the most serious difference of all between the Act
and EPA Regs., and between EPA Regs. and International Regulations.
The Act requires that the Administrator (of EPA) shall establish and

apply criteria for reviewing and evaluating permit application includinz
locations and methods of disposal andland-based alternatives, (see
The Act does not state (if so I cannot

the possibility of obtaining a permit. This is an EPA requirement —
additional to the Act that goes far outside the requirements of the Act.

‘The International Regulations state that in the environmental assessment
that is to be made, consideration is to be given to the "justification for
the proposed dumping, when weighed against land-based alternatives. ''

Thus, the existence of other options, under these regulations, does

not rule out obtaining an ocean dumping permit if ocean dumpin?z ia the

ane

best alternative. The International Regulations require that participating
_ mations evaluate various alternatives and do what is practical and reasonab!

*

i ce he te ke ht ei eeeee er eS

Sec. 102(a)(G) of Enclosure Il).

find it) that the existence of some other alternative virtually eliminates

of

Select target paragraph3