104 



-14- 



miles offshore) . (While such perceptions alone would not 

 warrant rejection of the 106-Mile Site option, all else 

 being equal it is foolish to unnecessarily stir up public 

 opposition. In this case, not only is it unnecessary — 

 because an equally good site could be designated elsewhere — 

 but it is counterproductive, because adding sludge to the 

 existing industrial waste site will serve only to frustrate 

 and complicate monitoring and management of both types of 

 wastes) . 



A third reason could also be ventured. One might 

 ungenerously note the significant probability that an 

 administrative relocation decision is likely to be insuffi- 

 ciently justified or otherwise flawed, in a way that makes 

 it vulnerable to judicial reversal. This is attributable 

 to EPA's overworked staff and to problems of communication 

 (or lack thereof) between headquarters and the regions 

 and between the program office and relevant research and 

 development office staff. This is especially the case during 

 the current transition period, in which the Agency is likely 

 to be somewhat schizophrenic, being torn between what might 

 be perceived as conflicting mission statements (i.e., the 

 old and the new). Congressional action, it is to be hoped, 

 would be more resolute and definitive (and much less vulnerable 

 to judicial reversal) . 



For all of these reasons, we support congressional action 

 to phase-out use of the 12-Mile Site as both appropriate and 

 necessary. 



