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crucial questions, whether it is your agency's responsibiUty to 

 make a determination when they submit these ingredients whether 

 or not it could be harmful. That is the basis of whether or not a 

 permit is granted. If it is not harmful, a permit will be issued. 



My question is: Who makes the question on the potential harm, 

 EPA or the applicant for the permit? There seems to be some 

 question about that. So if you could, I would like a response in 

 writing to the committee and also to me which would spell out how 

 that is being handled within EPA's shop. 



Ms. CoMPTON. I will be happy to provide that. 



Mr. Studds. Mr. Wyatt, did you ask for time? 



Mr. Wyatt. Yes. 



Can you tell me if you have any evidence that shows that the 

 shellfish, for instance, coming from the Gulf of Mexico are harmful 

 to people who eat it at all, after 30, 40 years of drilling in the gulf, 

 as well as a result of effluents coming into the gulf from various 

 rivers, et cetera? 



Dr. Bolton. I am not that familiar with the public health aspect 

 with the banning of shellfish in the gulf. 



Mr. Wyatt. You mean of all the studies that have been made. I 

 don't know how many have been made. 



Dr. Bolton. I know shellfish were banned in the New England 

 area after one of the oil spills. Human health was the rationale for 

 the ban. 



Mr. Wyatt. For how long? 



Dr. Bolton. I am not sure of the length of time. 



Mr. Studds. We have had shellfish beds closed on many occa- 

 sions, some of them for years at a time, because of oil spills, 10 

 years in one instance. 



Mr. Wyatt. However, in terms of the Gulf of Mexico, you are 

 unaware that seafood taken from the gulf, seafood, any kind, have 

 ever been banned in this country because of toxic levels in that 

 seafood? 



Dr. Bolton. I am not familiar with the banning of seafood from 

 the gulf for that reason. 



Mr. Wyatt. Do you know how close we have come to that? Do 

 you have any idea? 



Dr. Bolton. I wouldn't have any idea. I am sure there have been 

 shellfish areas in the gulf, though, that have been closed off for one 

 reason or another. It may be human waste pollution rather than 

 oil and gas. But I would be very surprised if there had not been 

 shellfish areas that had been closed. 



Mr. Wyatt. There ought to be some end result we are looking for 

 here, not just, you know, making studies and running tests. 



Dr. Bolton. In Mobile Bay, I know that no discharge is allowed 

 because it is a shellfish bed. So they do not allow any discharge in 

 that area. There must be some rationale for that State having that 

 ban. It would suggest that there was some reason for them not 

 allowing the discharges on the shellfish. 



Mr. Wyatt. But you are unaware of why that was done? Did the 

 State of Alabama make that determination? 



Dr. Bolton. I am sure the State must have been concerned about 

 the effects of the discharges on the shellfish, however, the industry 

 was not allowed to discharge because of the shellfishery. 



