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CONCENTRATION FOR SETTING ACCEPTABLE POLLUTANT LEVELS TO PROTECT 
AGAINST CHRONIC IMPACTS: FOR EXAMPLE, WHERE MATERIALS CONTAIN 
CONSTITUENTS WHICH ARE NOT KNOWN TO BIOACCUMULATE IN MARINE ORGANISMS 
OR RESULT IN OTHER SERIOUS SUB-LETHAL EFFECTS, THE AGENCY IS 
CONSIDERING THE USE OF AN APPLICATION FACTOR OF 0-1. THE AGENCY ALSO 
MAY USE ACUTE/CHRONIC RATIOS WHERE CHRONIC DATA EXISTS TO MORE 
ACCURATELY ESTABLISH ACCEPTABLE LIMITS FOR SPECIFIC MATERIALS- SUCH 
LIMITS WOULD MORE CLOSELY REFLECT ACTUAL CHRONIC IMPACTS IN THE FIELD- 
THE AGENCY IS ALSO CONSIDERING GREATER RELIANCE ON FIELD STUDIES OVER 
LABORATORY TESTS IN APPLICATION REVIEWS- 
Mr. CHAIRMAN, I EMPHASIZE THAT JUDGE SOFAER’S DECISION DOES NOT 
REQUIRE EPA To ALLOW SLUDGE DUMPING IN THE New York BiGHT APEX OR ANY 
OTHER OCEAN SITE- THE CouRT DECISION MERELY REQUIRES THAT EPA 
CONSIDER RELEVANT STATUTORY FACTORS BEFORE GRANTING OR DENYING A 
PERMIT APPLICATION- EPA HAS NOT YET MADE A FINAL DETERMINATION ON 
WHETHER OR WHERE New York City WILL BE PERMITTED TO CONTINUE ITS OCEAN 
DUMPING OF SLUDGE- THE AGENCY WILL SHORTLY PROPOSE TO DESIGNATE THE 
1O6-MILE DUMP SITE FOR THE DUMPING OF MUNICIPAL WASTES AND WILL 
SOLICIT COMMENTS ON New York CITy’s PETITION TO REDESIGNATE THE 
12-MILE SLUDGE SITE, AND, IN ADDITION OR IN THE ALTERNATIVE, THE 
60-MILE SLUDGE SITE- EPA WILL CAREFULLY ANALYZE THE COMMENTS 
SUBMITTED BEFORE DETERMINING WHETHER TO GRANT New York City’s 
PETITION- EPA WILL ALSO BE REVIEWING PERMIT APPLICATIONS SUBMITTED BY 
