98TH CONGRESS } HOUSE OF REPRESENTATIVES REPT. 98-766 D632A LAW LIBRARY OCEAN DUMPING AMENDMENTS ACT OF 1984 JULY 31, 1984.-Committed to the Committee of the Whole House on the Mr. HOWARD, from the Committee on Public Works and REPORT [To accompany H.R. 4829] [Including cost estimate of the Congressional Budget Office] The Committee on Public Works and Transportation, to whom was referred the bill (H.R. 4829) to amend title I of the Marine Protection, Research, and Sanctuaries Act of 1972, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are shown in the bill as reported from the Committee on Merchant Marine and Fisheries, with the matter proposed to be stricken enclosed in boldface brackets and the matter proposed to be inserted shown in boldface roman. INTRODUCTION H.R. 4829, as reported by the Committee on Merchant Marine and Fisheries, was sequentially referred to the Committee on Public Works and Transportation. The Bill amends Title I of the Marine Protection, Research, and Sanctuaries Act of 1972 (the MPRSA). Title I of the MPRSA provides for the regulation of the dumping of materials into the ocean. Except as authorized by a permit issued pursuant to section 102 or 103 of Title I, no person may transport any material from the United States for the purpose of dumping it into ocean waters. Without a permit, no material may be transported from any location for the purpose of dumping it into the ocean where a vessel or aircraft registered in the United States, or flying the United States flag, is involved, or where a United States Department, agency, or instrumentality is involved. Also, except as permitted under section 102, no person may dump any material transported from a location outside the United States into the territorial sea, or into the 12-mile contiguous zone to the extent it will affect the territorial sea or the territory of the United States. 81-006 O Under section 102, the Administration of the Environmental Protection Agency (the Administrator) regulates the dumping of materials other than dredged material. Dredged material, under section 103, is regulated by the Secretary of the Army (the Secretary). The Administrator is authorized to issue permits for dumping where the Administrator determines that the dumping will not unreasonably degrade or endanger human health, welfare or amenities, or the marine environment, ecological systems, or economic potentialities. The Administrator is to establish and apply criteria for reviewing and evaluating permit applications. The Administrator is authorized in section 102 (c) to designate recommended sites or times for dumping and, when found necessary to protect critical areas, is required to designate sites or times within which dumping is prohibited. Section 103 of Title I authorizes the Secretary to issue permits for the transportation of dredged material for the purpose of dumping it into ocean waters where the Secretary determines that the dumping will not unreasonably degrade or endanger human health, welfare or amenities, or the marine environment, ecological health, welfare, or amenities, or the marine enviroment, ecological systems, or economic potentialities. The Secretary must apply the criteria established by the Administrator under section 102(a). The Secretary makes an independent determination as to the need for the dumping, based upon an evaluation of the potential effects of a permit denial on navigation, economic and industrial development, and foreign and domestic commerce. An independent determination is also made as to other possible methods of disposal and appropriate locations for the dumping. In considering appropriate locations, the Secretary is directed to utilize, to the extent feasible, recommended sites designated by the Administrator. Prior to issuing a permit, the Secretary must first notify the Administrator. When the Administrator disagrees with the Secretary's determination with regard to the section 102 (a) criteria, or with regard to a site where dumping is prohibited under section 102(c), the determination of the Administrator prevails. Provision is made, however, for a waiver. When the Secretary finds that no economically feasible method or site is available for the deposition of the dredged material, a waiver is requested. The Administrator must grant the waiver within 30 days unless the Administrator finds that the dumping will result in an unacceptably adverse impact on municipal water supplies, shellfish beds, wildlife, fisheries, or recreational areas. Finally, in connection with Federal projects involving dredge material, the Secretary may, in lieu of the permit procedure, authorize ocean dumping through regulations which incorporate the same requirements which would apply in the case of permits issued by the Corps. H.R. 4829, as reported by the Merchant Marine and Fisheries Committee is very similar to the version of H.R. 1761 which was agreed to by the Committee on Merchant Marine and Fisheries and Public Works and Transportation after being sequentially referred to and reported by the latter Committee. A full description of the Public CEANS Works and Transportation Committee's actions on H.R. 1761 is con74.8 tained in House Report 98-200, Part 2. 458250d |