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Second , in addition to waste-specific considerations, 

 the Ocean Dumping Regulations also contain procedures for 

 evaluating disposal impacts on a particular site (as part of 

 overall site management regulations). Among other things, 

 these regulations specify that "when the EPA management 

 authority determines that activities at a disposal site have 

 placed the site in Impact Category I, [EPA must] place such 

 limitations on the use of the site as are necessary to reduce 

 the impacts to acceptable levels." (40 C.F.R. § 228.11(c)). 



This is important, because in our view a strong case 



can be made, that the 12-Mile Site possesses not one, but 



several, attributes of an "Impact Category I" site — which, 



under EPA's own regulations, would compel the Agency to take 



steps, including possible termination of dumping at the 



site, to reduce these impacts to acceptable levels. The 



Impact Category I characteristics present, and reasonably 



attributable to sludge dumoing , at the 12-Mile Site include 



(40 C.F.R. § 228 .10 (b) (1) ) : 



— "identifiable progressive... accumulation, in 

 detectable concentrations above normal 

 ambient values, of any... waste constituent 

 from the disposal site within 12 nautical miles 

 of any shoreline . . . . " 



— "biota, sediments, or water column of the disposal 

 site, or of any area outside the disposal site..., 

 are adversely affected by the toxicity of such 

 waste or waste constituent to the extent that 

 there are statistically significant decreases in 

 the populations of valuable commercia] or 

 recreational species, or of specific species of 

 biota essential to the propagation of such 

 species, within the disposal site and such other 

 area as compared to populations of the same 

 organisms in comparable locations outside such 

 site and area." 



