31 



Nowhere does the act ban the ocean dumping of all municipal 

 treatment residues, only those which "unreasonably degrade." 



Now, what is this unreasonable degradation? It is a term of the 

 art. Our regulations which were promulgated in 1977, contained a 

 conclusion that the dumping of any material which passes EPA's 

 environmental impact criteria does not "unreasonably degrade." 



Now, as many of you are aware and certainly this committee is 

 aware. Judge Sofaer held that our presumption that materials 

 which fail the environmental criteria will "unreasonably degrade" 

 was arbitrary and capricious and not in accord with the act. 



While some Members of Congress have objected to the Agency's 

 decision not to appeal Judge Sofaer's decision to the best of my 

 knowledge, there has been no expressed disagreement in the asser- 

 tion that materials that do pass the environmental criteria can be 

 ocean-dumped, given a demonstrated need and unavailability of en- 

 vironmentally sound alternatives. 



It is our best judgment that most, if not all, sludges presently 

 ocean-dumped will be able to demonstrate compliance with EPA's 

 1977 environmental impact criteria if dumped at an appropriate 

 dump site. 



Because of the significant volume of sludge dumping, the relative 

 toxicity of the sludges dumped, the limited size of the dump site, 

 significant concern for navigational hazards, and other technical 

 reasons, it is not possible for all dumpers, or even a majority, to 

 comply with EPA's environmental impact criteria at the 12-mile 

 site. 



However, it is expected that many of the present sewage sludge 

 dumpers can demonstrate compliance with these criteria at the 

 106-mile site. 



For a number of these sludge dumpers there will probably be a 

 requirement for additional pretreatment and/ or provide additional 

 treatment in order to meet the criteria. 



Now, the act clearly allows the ocean dumping of a variety of 

 materials, including acid waste, dredged material, and municipal 

 residues which pass the environmental criteria where the applicant 

 can demonstrate a need for ocean dumping. 



Certainly, the existing municipal sludge generators have ex- 

 pressed an interest in continued ocean dumping and therefore, we 

 believe that it is appropriate to designate a site where there is this 

 clear interest in ocean dumping. 



Let me make clear that there are two processes involved in the 

 ocean dumping program. One process is for site designation, the 

 other for permit issuance. In the site designation process, the 

 agency looks at the available scientific and technical information, 

 in view of statutory and regulatory criteria which I will discuss in 

 a minute, to determine the adequacy of the site for disposal of spe- 

 cific wastes. 



In the permitting process, which I will discuss later, the appli- 

 cant must demonstrate compliance with EPA criteria on the im- 

 pacts of the proposed dumping on the marine environment. The ap- 

 plicant must also demonstrate the need for ocean dumping and ad- 

 dress the availability and impact of alternate disposal methods. 

 This demonstration is made on a case-by-case basis in the permit- 

 ting process. 



