(a) The Secretary , after consultation with the Administrator of the Environmental Protection Agency and the Secretary of Commerce , shall determine when a substance other than those enumerated in the protocol is liable to create a hazard to human health, to harm living resources, to damage amenities, or to interfere with other legitimate uses of the sea. (b) In determining whether there is grave and imminent danger of major harmful consequences to the coastline or related interests of the United States , the Secretary shall consider the interests of the United States directly threatened or affected including but not limited to, human health, fish, shellfish, and other living marine resources, wildlife, coastal zone and estuarine activities, and public and private shorelines and beaches. ( Pub. L. 93–248, § 4 , Feb. 5, 1974 , 88 Stat. 9 ; Pub. L. 95–302, § 1(3) , June 26, 1978 , 92 Stat. 344 .) Editorial Notes Amendments 1978— Pub. L. 95–302 added subsec. (a), designated existing provisions as subsec. (b), and inserted “human health,” before “fish”. Statutory Notes and Related Subsidiaries Effective Date of 1978 Amendment For effective date of amendment by Pub. L. 95–302 , see section 2 of Pub. L. 95–302 , set out as a note under section 1487 of this title .