47 



■13- 



like to offer our preliminary finding. This finding is based on our review 

 of existing reports, on discussions with scientific experts in NOAA, and on 

 comments received in response to two Federal Register notices published in 

 December 1982. The reports submitted by the petitioners have not been fully 

 reviewed. 



Section 102(c) of the Act provides that the Administrator may, 

 considering the criteria established pursuant to Section 102(a) (Attachment 

 A), designate recommended sites or times for dumping. Pursuant to these 

 provisions, EPA has promulgated implementing regulations which provide 

 criteria both for the designation and management of approved sites for the 

 ocean dumping of wastes. These criteria are found at 40 CFR Part 228. 

 Section 228.5 (Attachment B) includes the general criteria and Section 228.6 

 (Attachment C) the specific criteria. 



A comparative review of selected criteria indicate the following: 



" The 12-Mile Site is located in the heavily trafficked entrance to 

 New York Harbor. It is within the precautionary zone established 

 by the U.S. Coast Guard due to the high level of commercial and 

 recreational ship traffic in the area. Some 7,000 ocean going 

 vessels arrive and depart the Port each year. The Cpast Guard and 

 waste transporters have both expressed serious concern over 

 potential hazards to navigation resulting from dumping activities 

 at the Site. 



