101 



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to a deepwater location does not yield a completely clearcut 

 choice, there is ample legal and scientific justification 

 for terminating use of the 12-Mile Site, and at least some 

 basis for optimism that temporarily shifting the dumpina to 

 a deepwater site will yield net environmental benefits 

 (especially when coupled with a comprehensive plan for 

 restoring the environmental quality of the New York Bight 

 Apex) , Accordingly, the National Wildlife Federation is 

 prepared to support a shift in the location of sludge dump- 

 ing from the 12-Mile Site to an alternative deepwater site 

 as contemplated in the Hughes-Forsythe proposal. 



Need for a Legislative Phase-Out of Dumping at the 

 12-Mile Site 



In a Federal Register notice issued late last year 



(47 Fed. Reg. 56663, Dec. 20, 1982), EPA proposed to designate 



the 106-Mile Site as approved for the ocean dumping of 



sewage sludge (in addition to the industrial wastes currently 



disposed there). In connection with this notice, EPA 



Region II Administrator Jacqueline E. Schafer noted that, 



"The burden of proof is on the [municipalities] to show that 



continued use of the 12-mile site will not cause unreasonable 



degradation to the marine environment." (EPA Region 2 



News Release #82(63), "EPA Seeks Public Comments on Ocean 



Disposal of Municipal Sewage Sludge," December 10, 1982.) 



An earlier (April 7, 1981) directive from then Acting 



EPA Administrator, Walter C. Barber, noted that "available 



data indicate that environmental and navigational conditions 



