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ment on any of the guidelines established pursuant to this subsec- 

 tion, no permit should be issued under section 402 of this act." 

 Under those circumstances, never mind the future, how could EPA 

 have issued permits in the past? 



Ms. CoMPTON. Well, I think that is a very good question. And at 

 times a very difficult question to respond to. As I mention in my 

 testimony with regard to the Flower Gardens that while we found 

 the area to be of unique and sensitive biological concern, we made 

 the reasonable judgment that the permit should issue in the public 

 interest but that there would be no discharge of cuttings and 

 drilling muds within a certain area of the Flower Gardens, in order 

 to protect that area until we could undertake more research. 



With regard to the three general permits that we just proposed 

 in the Gulf of Mexico, covering approximately 2,000 rigs, we con- 

 cluded and made a reasonable judgment that because these areas 

 covered by this general permit do not cover any live bottom areas 

 or any hard bank areas or any other areas that we consider of 

 biological concern or significant biological concern, that there 

 would be no adverse impact based on the criteria listed in 403, in 

 that area. We intend to make a similar assessment with regard to 

 Georges Bank. We have asked that the applicant submit to us 

 bioassay, bioaccumulation data on the 8 to 10 classes of muds that 

 they intend to use in the Georges Bank and we will take a look at 

 that information and see what the impacts would be on the 

 Georges Bank organisms and together with other data that we 

 have, decide whether we should require either the barging of the 

 drilling muds or cuttings or meeting a limiting permissible concen- 

 tration, in other words, a slow discharge of it, or normal discharge 

 of the muds and cuttings. 



Mr. Studds. My question to you really is how can anyone in that 

 agency make such a determination and state that it is reasonable 

 when your own scientists tell you that you do not know what you 

 are talking about? 



Ms. CoMPTON. Well, our own scientists have advised us that we 

 need to know a great deal more about drilling muds and cuttings. 



Mr. Studds. Right. The law says when you do not know, you do 

 not permit. It does not say an3i:hing about reasonable or unreason- 

 able. It says when the knowledge is insufficient you do not permit. 



Ms. CoMPTON. It says — excuse me. It says if there is insufficient 

 information to make a reasonable judgment. 



Mr. Studds. Right. 



Ms. CoMPTON. With regard to the general permits in the Gulf of 

 Mexico which we just issued, we believe that because no areas of 

 biological concern were involved in those areas that we could make 

 a reasonable judgment that there would be no adverse impact on 

 the environment or no significant impact. 



Mr. Studds. I am sure Mr. Breaux will leap to the defense of the 

 environment of the Gulf of Mexico and its fishing industry. My 

 knowledge of the gulfs particular regions is not great enough to 

 question you closely as to whether or not there are significant 

 commercial fishery resources in that area. You are about to be 

 asked to make a judgment. You have application permits pending 

 in Georges Bank? 



Ms. CoMPTON. That is right. 



