142 



Mr. Wyatt. I think that is fine, but it would appear fiirther in 

 your work at some point in time we would look to the final result, 

 to me, which would be the logical conclusion and that is the 

 damage being done, the high levels of toxic material that would be 

 found in shellfish or seafood taken from the Gulf of Mexico because 

 I would think that is what you 



Dr. Bolton. I know there is research being done at the New 

 England Aquarium laboratory for EPA on shellfish from New Eng- 

 land, looking at the bioaccumulation of heavy metals from animals 

 exposed to drilling discharges. 



Mr. Wyatt. If possible, Mr. Chairman, I would like for EPA to 

 furnish this committee with the instances where we have stopped 

 selling, or removing, seafood or shellfish, et cetera, from the Gulf of 

 Mexico. 



Mr. Studds. I would like to say to the gentleman, I don't think 

 that is within the jurisdiction of EPA. Those kinds of determina- 

 tions are probably FDA determinations and that would go to the 

 agency responsible for that question. They are not making any 

 such claim. The gentleman is not challenging that oil is bad for 

 fish? 



Mr. Wyatt. Of course not. I want to know how bad it is for fish. 



Mr. Studds. Very bad. 



Mr. Wyatt. We don't know apparently. 



Mr. Studds. I am going to ask the gentleman's permission to 

 interrupt. Mr. Pritchard wanted to know the time frame for the 

 Beaufort Sea draft permits? 



Ms. Compton. We have just received four applications there and 

 are processing them; we are waiting for some more data. It may be 

 as long as a year. 



Mr. Studds. Well into the Reagan administration. Tell Mr. Prit- 

 chard that. 



Let me say, I appreciate your patience. You have borne up well. I 

 have not enforced the 5-minute rule to put it mildly on myself or 

 other members of the subcommittee, and under the circumstances 

 you have acquitted yourself very well indeed. 



Mr. Breaux left again, but I was pressing as to whose responsibil- 

 ity it is to determine whether or not a discharge would be harmful. 

 I think the statute which has been cited so much today, section 403 

 of the Clean Water Act, makes that explicit and clear beyond any 

 question, it is EPA's responsibility because Congress decided in 

 that public law some 8 years ago that it would be. The administra- 

 tive agency is charged with the promulgation of guidelines for 

 determining degradation of the waters. You are also charged, I 

 cannot resist reminding you one more time, in the event of insuffi- 

 cient information to make that determination, not to permit any 

 such discharge in question. 



Ms. Compton. My question with regard to that and my inability 

 to answer with certain determination is because section 308 of the 

 act allows us to collect whatever data we need to make a decision 

 with regard to discharges into the water. And that may shift the 

 burden back to industry who wants the discharge with regard to 

 supplying that information. 



Mr. Studds. If they want it, they have to come to you and they 

 have to present persuasive information. 



