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in the future. For instance, the opportunity exists under Section 301(h) of 

 the Clean Water Act for several municipalities (Figure 2) in the area to 

 apply for a waiver of the secondary treatment requirement. Initial 

 determinations of the effect of a waiver of secondary treatment on 

 compliance with water-quality standards are being formulated by the States 

 of New Jersey and New York and the Interstate Sanitation Commission. These 

 determinations are expected to be received by EPA by mid-June. EPA will 

 only begin to consider these waiver requests when the States certify 

 compliance with their standards. The applicant must then demonstrate 

 compliance with all statutory and regulatory factors, but most importantly, 

 the protection of the environment in the estuary and the Bight Apex. I want 

 to emphasize this point. EPA's determination will not be made entirely on 

 water-quality issues in State waters (i.e., the estuary and coastal waters 

 within the 3-mile limit). Our determinations will be made to provide 

 adequate protection to th e marine environment of the entire Bight Apex and 

 beyond. Two waiver requests have already been tentatively denied by the 

 Agency (Newtown Creek and Mamaroneck), and four others returned as either 

 insufficiently described (Perth Amboy) or in non-saline waters (North 

 Bergen, Secaucus, Patchogue). 



Of course, the Apex, in addition to receiving inputs from the Hudson 

 estuary complex, receives contaminants from the direct ocean dumping of 

 dredged materials, acid wastes, cellar dirt (construction debris), and 

 sewage sludges (Figure 4). The quantities of materials dumped since 

 enactment of the Marine Protection, Research, and Sanctuaries Act at the 



