Stellwagen Bank Final EIS and Management Plan 



Page 111 



One of the central tenets of the National 

 Marine Sanctuary Program is that any regulation 

 promulgated by the Sanctuary should 'tomplement 

 existing regulatory authorities'! Existing regulatory 

 authority, principally the Ocean Dumping Act (Title 

 I of the MPRSA) and regulations promulgated 

 thereunder, provide a rigorous framework for 

 assuring that each disposal event will not endanger 

 'human health, welfare, and amenities, and the 

 marine environment, ecological systems, and 

 economic potentialities" (Section 2(a) of the 

 MPRSA). However, a consideration central to this 

 discussion is whether the regulation and 

 management of ocean disposal under Title I is 

 adequate for the protection of the resources and 

 qualities of a National Marine Sanctuary. To 

 determine whether additional Sanctuary 

 management is necessary, it is important to fully 

 understand how ocean disposal of dredged materials 

 is currently regulated, in particular at the MBDS. 



Ocean disposal is regulated under Title I of 

 the Marine Protection, Research and Sanctuaries 

 Act (MPRSA). Disposal of dredged materials at 

 the MBDS is regulated by the Secretary of the 

 Army under Section 103 (Title I) of the MPRSA. 

 All other disposal activities are regulated by EPA 

 under Section 102 (Title I) of the MPRSA. 

 Dredged materials disposal is permitted when it is 

 determined 'the dumping will not unreasonably 

 degrade or endanger human health, welfare, or 

 amenities, or the marine environment, ecological 

 systems, or economic potentialities'.' In making its 

 permitting determinations, the Corps is mandated to 

 use the criteria established by EPA imder Section 

 102 (promulgated as regulation at 40 CFR § 227). 



An implementation manual describing tests 

 and procedures to be used in determining the 

 suitabihty of dredged materials for ocean disposal 

 was developed jointly by EPA and the COE in 1977. 

 This testing manual, 'Evaluation of Dredged 

 Material Proposed for Ocean Disposal',' was 

 updated in 1991 (EPA 1991). The techniques 

 described therein are considered state-of-the-art, 

 and reflect years of research on disposal activities 

 conducted jointly by EPA and COE since 1977. 

 The COES New England Division worked with 

 EPAS Region I (Boston), in coordination with 

 regional offices of the U.S. Fish and WildUfe Service 



(FWS) and the National Marine Fisheries Service 

 (NMF^) to develop a draft regional protocol (15 

 May 1989), in accordance with the draft National 

 Protocol and forthcoming revisions to the Ocean 

 Dumping Regulations. 



Many factors are considered in characterizing 

 the nature of the materials to be disposed, including 

 but not limited to: the physical characteristics of the 

 sediments; hydrography of the dredging area in 

 relation to known or anticipated sources of 

 contaminants; results from previous testing in the 

 area; and historical records. In most cases, 

 grain-size analyses and bulk chemistry analyses are 

 performed. Among the parameters routinely 

 checked are total organic carbon, water content, 

 metals, polycycUc aromatic hydrocarbons (PAHs), 

 and polychlormated biphenyls (PCBs). Where 

 necessary, biological tests such as bioassay and 

 bioaccumulation may also be employed to evaluate 

 acute toxicity and the potential for biological uptake. 



Each project is announced via a pubhc notice 

 and comment period (typically 30 days). All 

 projects are closely coordinated with EPA, FWS 

 and NMFS. The determination of suitability of 

 dredged materials for open water disposal is made 

 at the regional level by the COE. EPA has 

 regulatory oversight of these determinations. 



Disposal activities at the MBDS are generally 

 inspected by an onboard COE observer. Buoys are 

 maintained at the MBDS and precise coordinates 

 are stipulated for the approved disposal point within 

 the site. Violations are subject to substantial fmes. 



Monitoring activities at MBDS are conducted 

 by EPA and COE. EPA is responsible for 

 managing and maintaining effective ambient 

 monitoring programs for the site. The COE (New 

 England Division) monitors the disposal site 

 through its Disposal Area Monitoring System 

 (DAMOS). Although DAMOS was not formally in 

 place until 1977, the COE has conducted 

 oceanographic sampling at the MBDS since 1973, 

 via contract with various scientific organizations and 

 environmental consulting firms. DAMOS 



investigates all aspects of dredged materials disposal 

 in New England, and monitors physical, chemical 

 and biological conditions at nine disposal sites 



