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Authorization to use a site for dumping is independent of site 

 designation. Such authorization is granted only by a permit issued pursuant 

 to Section 102 of the Act. In order to issue a permit, EPA must make a 

 determination, based on information submitted by the applicant, as to 

 whether the proposed ocean dumping will "unreasonably degrade or endanger 

 human health, welfare, or amenities, or the marine environment, ecological 

 systems, or economic potentialities." As noted earlier, in City of New 

 York , the court held that the Agency's conclusive presumption that materials 

 which fail to satisfy the environmental impact criteria will "unreasonably 

 degrade" the environment was arbitrary and capricious and not in accord with 

 the statute. The determination of "unreasonably degrade" must consider all 

 relevant statutory factors found in Section 102(a) of the Act. These nine 

 (9) factors are listed in Attachment A and include an evaluation of impacts 

 on the marine environment, the need for dumping, the availability and impact 

 of alternate disposal methods, and the feasibility of dumping at sites off 

 the Continental Shelf. The Agency will soon issue proposed revisions to the 

 1977 Ocean Dumping Regulations in response to the City of New York 

 decision. 



In determining the availability of alternative disposal methods, EPA 

 will be faced with some rough decisions. What alternative disposal or reuse 

 techniques are feasible in a densely populated, heavily urbanized area? 

 What are the environmental and economic costs? What about the institutional 

 problems? Can the waste cross State or county borders? What happens when 

 an action (or sometimes inaction) by a State or local government agency is 



