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Mr. HuGueEs. Do they presently have a permit application pend- 
ing? 
Mr. Scuatzow. I believe they do. They have a request for a rule- 
making asking us to designate the 12-mile site and asking us to 
revise our ocean dumping regulations. 
Mr. HuGues. These preliminary inquiries all came after the 
Sofaer decision? 
Mr. Scuatzow. The preliminary inquiries from the municipal- 
ities that are not now presently dumping came after the judge’s de- 
cision. 
Mr. HuGues. So we can reasonably assume that it was the Sofaer 
decision which has prompted this rash of inquiries and intent to 
seek permits to dump in the ocean. 
On April 7, Walter C. Barber, who was then Acting Administra- 
tor of the EPA, sent a memo to Richard Dewling and to you, Mr. 
Schatzow, in which he indicates that: 
President Reagan recently directed this Agency to explore possible resolutions to 
disputes with New York City over disposal of municipal wastes in the New York 
Bight. In response to the President’s directive I have reviewed the situation and de- 
termined that because the environmental and legal complexities in the matter and 
in the interests of all concerned, it will best be served by securing a period of time 
to assess whether ocean dumping of some or all their wastes is a permissible alter- 
native to land waste disposal. 
And it goes on to say: 
Consequently, I am directing you to attempt immediately to arrange a meeting 
with representatives of New York City and other affected municipalities to explain 
that the Agency’s position is as follows: 
First, the Agency believes, that is, EPA believes that it does not have the authori- 
ty to authorize dumping of sewage sludge after December 31, 1981, the statutory 
deadline for cessation of ocean dumping of sewage sludge contained in the Ocean 
Dumping Act and that there is no satisfactory administrative action which EPA can 
take which will provide relief before the 1981 deadline. 
Is that still a position of the EPA? 
Mr. ScHATzOwW. It is the position of the EPA that it—— 
Mr. HUGHES. Yes, or no? 
Mr. ScHatzow. EPA does not have the authority to issue an 
ocean dumping permit for any municipal sludge that would unrea- 
sonably degrade the environment. 
Mt Fay SHES, That is true of your position. 
o. 2: 
Ocean dumping of sewage sludge in the current 12 mile site must be ended as 
soon as possible, but no later than December 31, 1981. 
Available data indicate that environmental and navigational conditions at this 
site make it unacceptable for use for the ocean disposal of such waste. 
Now, is that still the policy of the EPA? 
Mr. Scuatzow. No, that is not the policy of the EPA. 
Mr. Hucues. What happened in the interim that would change 
that policy? What have we done now to clean up the New York 
Bight to make it environmentally acceptable? Because you have 
done one heck of a job since April 7. 
Mr. ScHatzow. We have not done anything specifically. I think, 
as I mentioned earlier, the Agency’s position now is that the ques- 
tion of dumping at the New York Bight Apex area, the 12 mile site, 
can best be resolved through the rulemaking process and by re- 
sponding to New York City’s petition to dump at the 12-mile site. 
