- the effect on alternate uses of oceans, such as 

 scientific study, fishing, and other living resource 

 exploitation and non-living resource exploitation; and 



- in designing recommended sites, shall utilize, where 

 feasible locations beyond the edge of the Continental 

 Shelf. 



EPA is also authorized to designate recommended ocean 

 dumping sites or times for dumping, and when necessary to protect 

 critical areas, to designate sites or times within which 

 contaminated materials may not be dumped. Sites are designated 

 after considering the nine (9) statutory factors listed above. 



EPA^s Regulatory Authority 



The Marine Protection, Research, and Sanctuaries Act of 1972 

 (MPRSA) regulates ocean dumping activities (Ocean Dumping 

 Program) . Any material which would unreasonably degrade or 

 endanger human health, welfare, or amenities, or the marine 

 environment, ecological systems, or economic potentialities is 

 prohibited from being disposed in the ocean. To implement this 

 purpose and to control ocean dumping in ocean waters, MPRSA 

 specifies and assigns site designation procedures, permitting 

 procedures, monitoring responsibilities, and enforcement 

 responsibilities to four separate federal agencies. 



Title I of MPRSA authorizes the EPA Administrator to 

 designate sites where ocean disposal may be prohibited or 

 permitted. This Title also establishes a permitting program and 

 assigns its administration to EPA and the Army Corps of 

 Engineers. The Coast Guard is given the responsibility for 

 conducting surveillance and other appropriate enforcement 

 activities to prevent unlawful ocean dumping and to ensure that 

 the dumping occurs under a valid permit, at the designated 

 location, and in the manner specified in the permit. Title II of 

 MPRSA requires EPA and the National Oceanic and Atmospheric 

 Administration (NOAA) to conduct a comprehensive and continuing 

 program of research and monitoring regarding the effects of ocean 

 disposal. Title III gives NOAA the authority to establish marine 

 sanctuaries. 



The Ocean Dumping Ban Act of 1988, which was signed on 

 November 18, 1988, lends additional enforcement power to the 

 administration of the Ocean Dumping Program. It bans all ocean 

 dumping of municipal sludge and industrial waste after 1991. No 

 permit may be issued under MPRSA which authorizes a person to 

 dump into ocean waters, or to transport for the purpose of 

 dumping into ocean waters, sewage sludge or industrial waste, 

 unless that person was authorized by a permit issued under 

 Section 102 of MPRSA or by court order as of September 1, 1988. 

 Thus, no new entities will be permitted to use those particular 

 ocean disposal sites. In addition, within 9 months of enactment 

 (by August 15, 1989) no previous permittee may dump sewage sludge 



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