34 



While the current laws and regulations are adequate to manage 

 contaminated sediments safely, too often ports are frustrated by 

 the regulatory delay and lack of a strong leadership at the Federal 

 level to make the permit decision. We believe our scientific ability 

 to identify potential environmental problems has outpaced our in- 

 stitutional ability to make a decision. 



Although the Corps is ultimately responsible for issuing the 

 ocean disposal permit, complex requirements for coordination, con- 

 sultation, and review by other Federal, state, and local agencies 

 can often unnecessarily delay or even derail final consideration by 

 the Corps. Too often reviews by regulatory agencies are sequential 

 rather than concurrent or simultaneous, and there is no consensus 

 on what ultimately will be required of the permit applicant. 



Wherever possible, multiple agency reviews should be consolidat- 

 ed, objectives agreed to, and clear time lines established. Amend- 

 ments to the Ocean Dumping Act in WRDA '92 did specify time 

 lines for review of ocean dumping permits, and we hope that these 

 changes will improve the permit review process. 



Mr. Chairman, clearly the Federal Government's overall man- 

 agement of the dredging program, both the Corps and the EPA, 

 can be improved. In addition to streamlining regulatory review, ad- 

 ditional resources should be provided for long-term dredge material 

 disposal planning, for disposal site designation, for more costly, 

 beneficial use projects, and for site monitoring projects and dispos- 

 al sites. 



There are several disposal alternatives that are theoretically 

 available for both clean and contaminated dredge sediments. You 

 could go totally upland in a confined site or even in an unconfined 

 area. You could go to confined disposal facilities that extend from 

 the shore out into the water or could be totally surrounded by 

 water. You could proceed with a thin layer disposed over a wide 

 area. You could proceed with open-water placement in a bay, in a 

 river or estuary, or in the ocean itself. But the underlying principle 

 of dredge material management should be that all of these disposal 

 options should be considered with the final decision being based on 

 environmental as well as economic and public health consider- 

 ations. We must recognize that land-based alternatives are not in- 

 herently better in terms of the environmental protection or the 

 practical feasibility than open-water disposal. 



In conclusion, Mr. Chairman, the public port community is 

 aware that ocean disposal of sediments is an emotionally charged 

 issue. This concern is caused in part by a philosophical objection to 

 the use of the ocean and in part by concern over the impact of con- 

 taminants that exist in sediments. Sediments transported into the 

 harbor by natural processes where they fall out into the water 

 column sometimes and frequently do contain chemical constitu- 

 ents. These sediments must be dredged periodically if the ports are 

 to continue to handle the transportation of our nation's cargo and 

 keep us as a strong, internationally trading country in the interna- 

 tional marketplace. 



We strongly urge you to work with EPA and the Corps to reform 

 the Federal regulatory process, to avoid permit delay, and to 

 ensure that our nation's harbors can be dredged in both a timely, 



