[Congressional Record Volume 140, Number 65 (Monday, May 23, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 23, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
               OCEAN RADIOACTIVE DUMPING BAN ACT OF 1994

  Mr. STUDDS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3982) entitled the ``Ocean Radioactive Dumping Ban Act of 
1994,'' as amended.
  The Clerk read as follows:

                               H.R. 3982

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ocean Radioactive Dumping 
     Ban Act of 1994''.

     SEC. 2. AMENDMENTS TO THE OCEAN DUMPING ACT.

       The Marine Protection, Research, and Sanctuaries Act of 
     1972 (33 U.S.C. 1401 et seq.) is amended--
       (1) in section 3 (33 U.S.C. 1402), by--
       (A) striking paragraph (j); and
       (B) redesignating the following paragraphs accordingly;
       (2) by altering any reference to the paragraphs 
     redesignated under paragraph (1) of this Act;
       (3) in section 102(a) (33 U.S.C. 1412(a)), by striking 
     ``high-level'' before ``radioactive waste''; and
       (4) in section 104 (33 U.S.C. 1414), by striking subsection 
     (i).

     SEC. 3. CLARIFICATION.

       Nothing in this Act shall affect the transportation of 
     material containing de minimis levels of radioactivity for 
     the purpose of dumping it into ocean waters under the Marine 
     Protection, Research, and Sanctuaries Act of 1972.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts [Mr. Studds] will be recognized for 20 minutes, and the 
gentleman from Massachusetts [Mr. Torkildsen] will be recognized for 20 
minutes.
  The Chair recognizes the gentleman from Massachusetts [Mr. Studds].
  Mr. STUDDS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3982, the Ocean Radioactive Dumping Ban Act, was 
introduced by Mr. Weldon, the ranking Republican member on our 
Oceanography Subcommittee. It amends the Ocean Dumping Act to prohibit 
the dumping of all radioactive waste into the sea. This expands on the 
current long standing ban on the disposal of high-level radioactive 
waste at sea.
  Revelations that the former Soviet Union disposed of nuclear waste in 
the Arctic Ocean and elsewhere recently prompted the parties to the 
London Convention to negotiate an international ban on the ocean 
dumping of all radioactive waste effective in February of this year. 
This bill, therefore, brings domestic law into compliance with 
international law and longstanding United States policy.
  The bill, as amended, is consistent with the recent amendments to the 
London Convention. It provides an exemption for materials containing 
trace amounts of radioactivity that are not harmful to the marine 
environment, while requiring the development and application of 
reasonable de minimis standards for what constitutes radioactive waste.
  I commend Mr. Weldon, and the subcommittee chairman, Mr. Ortiz, for 
their efforts in quickly bringing this bill before the House. I would 
also like to thank the Committee on Public Works and Transportation for 
waiving its right to seek a sequential referral of the bill, after 
reviewing its language. The administration supports it, it is not 
controversial, and I urge my colleagues to pass H.R. 3982.
  Mr. TORKILDSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. TORKILDSEN asked and was given permission to revise and extend 
his remarks.)
  Mr. TORKILDSEN. Mr. Speaker, I rise in support of H.R. 3982, authored 
by the ranking Republican member of the Subcommittee on Oceanography, 
Gulf of Mexico, and the Outer Continental Shelf, Congressman Curt 
Weldon. He should be commended for his efforts in focusing the 
attention of Congress on the issue of radioactive waste dumping in our 
oceans.
  Fortunately, this bill will not change the way that the United States 
does business. The bill bans the dumping of low-level radioactive waste 
in the ocean consistent with the position recently adopted by the 
United States and the other parties to the London Convention. As a 
policy matter, the United States ended the dumping of radioactive waste 
in the ocean in 1970. Although the Ocean Dumping Act currently provides 
a possible congressional override for low-level radioactive waste 
disposal, this authority has never been exercised. Therefore, the bill 
merely amends the Ocean Dumping Act to conform that law with the London 
Convention and current U.S. practice.
  In addition, H.R. 3982 does not impact the ocean disposal of waste 
material permitted under the Federal Water Pollution Control Act. Nor 
does the Act impact existing procedures or practices which have not 
previously been subject to requirements of section 102 of the Marine 
Protection, Research, and Sanctuaries Act of 1972.
  While having no affect on United States citizens, this bill will 
serve as further notice to other countries which have not adopted the 
ban on low-level radioactive waste, such as the Russian Federation. I 
understand that Congressman Weldon and Congressman Ortiz, the chairman 
of the Oceanography Subcommittee, will be traveling to Russia during 
the Memorial Day recess to discuss this issue with the Russian 
Government. I cannot think of any better traveling papers to bring than 
this bill passed by the House of Representatives.
  Therefore, I urge adoption of the bill and speedy consideration of 
the measure by our colleagues in the Senate.
  Mr. WELDON. Mr. Speaker, I rise in strong support of H.R. 3982, Ocean 
Radioactive Dumping Ban Act of 1994. Let me begin by thanking the 
leadership of the Committee on Merchant Marine and Fisheries--Chairman 
Studds, Chairman Ortiz, Congressman Fields, and their fine staffs for 
moving this important legislation expeditiously to the floor. I would 
especially like to thank Lisa Pittman of the committee's minority 
staff, Terry Schaff on the Oceanography Subcommittee, and Chris Mann 
with the chairman's office for their perseverance. I would also like to 
thank Chairman Mineta and Congressman Shuster of the Public Works 
Committee for their assistance in this effort.
  Mr. Speaker, on March 8, 1994, Chairman Ortiz and I introduced the 
Ocean Radioactive Dumping Ban Act. H.R. 3982 bans the dumping of 
radioactive waste at sea.
  Currently, the ocean dumping of radioactive waste is regulated under 
the Ocean Dumping Act [ODA]. The ODA allows dumping of radioactive 
waste only after Congress has passed a joint resolution authorizing the 
dumping. Although this provision has been in force since 1985, Congress 
has yet to authorize any radioactive dumping.
  For decades, U.S. law on ocean pollution has been more stringent than 
international law. At the time of enactment, the radioactive dumping 
provisions in the ODA were among the most restrictive in the world, 
going well beyond international treaty obligations. That is no longer 
the case.
  The Ocean Radioactive Dumping Ban Act corrects this, eliminating 
ODA's current arduous permitting process and replacing it with a simple 
ban. It ensures that the United States retains its leadership position 
in protecting the world's marine environment.
  The relevance of the United States banning radioactive dumping is 
far-reaching. Historically, the United States has set international 
policy on ocean dumping of radioactive waste. Until last year, the 
United States had resisted an international ban. Through U.S. 
influence, the issue was left unresolved.
  That all changed last November when the Clinton administration, 
following heavy lobbying from the Global Legislators Organization for a 
Balanced Environment [GLOBE] and other organizations, reversed U.S. 
policy and announced its support for a ban.
  Prompted largely by the new U.S. position, in November of 1993, the 
parties to the Convention on the Prevention of Marine Pollution by 
Dumping of Waste and Other Matter of 1972, known as the London 
Convention, amended annexes I and II to ban the deliberate ocean 
dumping of low-level radioactive waste. The Convention has always 
banned dumping of high-level radioactive waste.
  As the ranking Republican on the Oceanography, Gulf of Mexico, and 
Outer Continental Shelf Subcommittee and the newly appointed chairman 
of the GLOBE Ocean Protection Working Group, I have spent the last year 
working to eliminate the threat of radioactive contamination of the 
sea.
  On September 30, 1993, at my request, the Oceanography Subcommittee 
held a hearing on the threat of contamination from the Russian dumping 
of nuclear waste. For four decades the former Soviet Union, and now the 
Russian Federation, has been dumping nuclear waste from nuclear 
submarines and weapons plants into the world's oceans. The information 
gathered by the subcommittee was sobering.

  The West's first concrete evidence on the dumping came last summer 
following the release of the Yablokov report, which was commissioned by 
President Boris Yeltsin to detail the extent of Soviet nuclear disposal 
at sea. According to the report, the Soviet Union had dumped over 2.5 
million curies of radioactive waste into the Arctic Ocean and other 
marine environments. By comparison, the accident at Three Mile Island 
in my home State of Pennsylvania released 15 curies of radiation.
  During the hearing, the subcommittee discovered that since 1959, the 
former Soviet Union dumped into the ocean 18 nuclear reactors and a 
reactor screen, 11,000 to 17,000 canisters of nuclear waste, and 
hundreds of thousands of gallons of liquid radioactive waste. It also 
learned that nuclear waste totaling 10 million curies is currently 
stored aboard vessels in Murmansk harbor.
  Although water quality monitoring in the Arctic suggests that large-
scale contamination of the ocean has yet to occur, our knowledge about 
the possibility of future leakage and transportation is very limited. 
Significant environmental contamination is a real possibility in the 
future.
  Even after the fall of communism, Moscow has continued to dispose of 
radioactive waste at sea. In October of 1993, Russia dumped 900 tons of 
low-level radioactive waste in the Sea of Japan in violation of a 
previously agreed upon international moratorium. According to Japanese 
press accounts, high ranking Russian officials have admitted that ocean 
dumping is likely to persist.
  The Russian Federation's actions following the October dumping have 
only reinforced these fears. Russia was one of only five nations to 
abstain from voting to approve the London Convention radioactive 
dumping ban in November 1993. Then, in February 1994, it became the 
only nation to declare its intention not to comply with the new 
international ban on dumping.
  Only through strong Western pressure will this change. But before we 
can pressure Russia, we have to act. That is why I introduced H.R. 
3982. H.R. 3982 will make U.S. law consistent with the London 
Convention by amending the ODA to ban the dumping of radioactive waste.
  As with the amendments to the Convention's annexes I and II which 
contain provisions exempting de minimis radioactive waste from the ban, 
H.R. 3982, as amended by the committee amendment, exempts de minimis 
waste from the ban. Since all matter is radioactive to some degree, a 
de minimis, or negligible, exemption is necessary to ensure that 
critical commercial activities such as dredging can continue.
  Although no uniform definition for de minimis waste currently exists, 
the International Atomic Energy Agency [IAEA] has produced significant 
guidance on the issues and is working on an internationally recognized 
standard. Once an international standard is devised, I expect that the 
U.S. Environmental Protection Agency [EPA] will promulgate regulations 
on this issue based on the IAEA's efforts.

  Hopefully, with pressure from the United States, the Russian 
Federation can be convinced to change its policy. With ten million 
curies of radiation stored aboard ships in Murmansk Harbor and awaiting 
disposal, the risk to the marine environment are significant if we 
fail.
  Mr. Speaker, Chairman Ortiz will be leading a codel to Russia at the 
end of this month to attempt to convince the Russians to end the 
practice of radioactive dumping at sea. The House passage of H.R. 3982 
will significantly strengthen our position in discussions with 
officials from the Russian Federation.
  Clearly the world's oceans should not be used as nuclear disposal 
sites. I ask all my colleagues to help send this strong message to the 
rest of the world by passing the Ocean Radioactive Dumping Ban Act of 
1994.
  Mr. FIELDS of Texas. Mr. Speaker, as a cosponsor of H.R. 3982, I 
would like to add my voice in support of this legislation, and to 
compliment our distinguished colleague, Curt Weldon, for his leadership 
on this important issue.
  The Ocean Dumping Act currently bans the dumping of high-level 
radioactive waste. While the law does allow the ocean disposal of low-
level radioactive material, this can occur only by a joint resolution 
of Congress. As a policy matter, however, the U.S. ended ocean dumping 
of radioactive waste in 1970.
  Until recently, the 1972 London Convention banned only the ocean 
dumping of high-level radioactive waste. Prompted by revelations that 
the former Soviet Union dumped tons of nuclear waste into the Kara and 
Barents Seas and the Sea of Japan, the parties to the Convention 
negotiated an international ban on the dumping of all radioactive waste 
into ocean waters effective February 20, 1994. This policy formalized a 
voluntary moratorium on low-level radioactive waste which was adopted 
in the mid-1980's. While reservations to the ban were permitted, only 
the Russian Federation chose to exercise this option. The United States 
is a party to the London Convention and strongly supported this ban.
  I would remind Members that this bill amends section 102 of the Ocean 
Dumping Act, which grants the Environmental Protection Agency the 
authority to issue permits for the transportation of waste for ocean 
dumping. It does not affect the ocean dumping of dredge material under 
section 103 of the act nor does it affect the disposal of radioactive 
wastes now permitted under the Clean Water Act.
  With these clarifications, I urge the adoption of this bill. Thank 
you, Mr. Speaker.
  Mr. ORTIZ. Mr. Speaker, I rise today in strong support of H.R. 3982, 
the Ocean Radioactive Dumping Ban Act, which was introduced on March 8, 
1994, by the ranking member of the Oceanography Subcommittee, Mr. 
Weldon, and myself.
  Mr. Speaker, prompted by revelations that the former Soviet Union has 
been dumping nuclear waste and nuclear reactors into the Barents and 
Kara Seas and the Sea of Japan, last fall the parties to the London 
Convention, including the United States, negotiated an international 
ban on the dumping of all radioactive waste into ocean waters.
  The United States has not disposed of nuclear waste in the ocean 
since 1970. The London Convention of 1972 banned the dumping of high-
level radioactive waste, and in the mid-1980's the United States and 
all other parties to the London Convention, except the Soviet Union, 
adopted a voluntary moratorium on the dumping of low-level radioactive 
waste. The actions of the Convention last fall formally banned the 
ocean dumping of low-level waste, and this bill today simply makes the 
necessary changes to conform U.S. law to this ban.
  Mr. Weldon, and I, and other Members of Congress are working to 
establish a dialogue with the Russian Government on this matter, in the 
hopes of working together to have Russia join us in a commitment to ban 
the dumping of radioactive waste. This bill formalizes the commitment 
of this Congress and our Government in this regard.
  This act is not intended to impact the ocean disposal of waste 
material permitted under the Federal Water Pollution Control Act; nor 
is it intended to impact existing procedures or practices which have 
not previously been subject to the requirements of section 102 of the 
Marine Protection, Research, and Sanctuaries Act of 1972.
  I want to thank Chairman Studds and the ranking member, Mr. Fields 
for their help and support, and I would especially like to commend my 
good friend from Pennsylvania [Mr. Weldon], for his sponsorship of this 
important legislation, and for his leadership on this issue in general. 
The gentleman has dedicated himself to this issue, and has worked to 
raise this Congress's awareness of the vital importance of this matter, 
and I applaud his efforts in this regard.
  I again urge my colleagues to support this bill.
  Mr. WELDON. Mr. Speaker, as Chairman Ortiz has indicated, H.R. 3982 
does not impact the ocean disposal of waste material permitted under 
the Federal Water Pollution Control Act (33 U.S.C. 1251-1376). Nor does 
the Act impact existing procedures or practices which have not 
previously been subject to requirements of section 102 of the Marine 
Protection, Research, and Sanctuaries Act of 1972.
  Mr. TORKILDSEN. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  Mr. STUDDS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Massachusetts [Mr. Studds] that the House suspend the 
rules and pass the bill, H.R. 3982, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: A bill to amend the 
Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit 
the ocean dumping of radioactive waste.
  A motion to reconsider was laid on the table.

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