118 
Mr. HuGues. You have not answered my question. Maybe that is 
your intent, but I hope not. I am asking you what has occurred to 
make this an environmentally acceptable site because as of April 
att ix 
Mr. ScHatzow. The Agency has made absolutely no determina- 
tion that this is an environmentally acceptable site. 
Mr. HuGueEs. Well, that is what this memo says. This memo says 
that that is Agency policy. You must be aware of Agency policy be- 
cause it was directed to you. 
Mr. ScHatzow. What I am suggesting, Congressman Hughes, is 
that the Agency’s position, at this point, is that it is unclear as to 
whether that is or is not an acceptable site and we are going 
through a rulemaking process to resolve that issue. 
Mr. HuGues. Was Mr. Barber incorrect then at that time? 
Mr. ScuHatzow. Mr. Barber was the Acting Administrator of the 
Agency at that time. 
Mr. Hucues. I know he was the Acting Administrator at that 
time. That is a profound statement. “Mr. Barber was the Acting 
Administrator.’”’ We know that. My question is was he incorrect at 
that time in saying that the site was environmentally and naviga- 
tionally unacceptable? 
Mr. ScHAatTzow. He reviewed the data available and that was evi- 
dently his determination—— 
Mr. HuGueEs. Was he correct or incorrect at that time? Was he 
right or wrong? 
Mr. ScHatzow. I think that—— 
Mr. Hucues. And if he was wrong on what basis do you make 
such a statement? 
Mr. ScHatzow. I am not saying whether he was right or wrong. I 
am saying that he made a decision at that point and the subse- 
quent Agency decision was that it was an issue that should be ad- 
dressed through the rulemaking process. 
Mr. HuGues. I am going to let you off the hook because my 5 
minutes are up. 
Mr. ScHatzow. Thank you, Congressman. 
Mr. HuaGues. But that points up exactly, I think, what is wrong 
with this whole business before this committee. 
Let me just tell you something in connection with the monitor- 
ing. At the same time that we have a rash of new applications for 
new permits in the New York Bight and at other dump sites, we 
are cutting back in monitoring, we are cutting back in research 
and development. We are cutting back across the board and it just 
does not make sense. 
Thank you. 
Mr. D’Amours. Thank you, Mr. Hughes. 
Mr. Hucues. Thank you, Mr. Chairman. 
Mr. D’Amours. Mr. Studds? 
Mr. Stupps. Very quickly for the record just two questions. 
Has the Agency begun to evaluate the Department of Energy’s 
plans to dispose of contaminated soils in the ocean? That is, assum- 
ing we will still have a Department of Energy. 
Mr. JANES. We have had some discussions with the Department 
of Energy but we do not have a formal proposal to evaluate. 
