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of the potential effect of a permit denial on navigation, 

 economic and industrial development, and foreign and domestic 

 commerce. The COE must also consider alternatives to ocean 

 dumping and, if none exist, appropriate locations for the 

 dumping. The COE is to use "to the maximum extent feasible" 

 existing ocean dumping sites designated by EPA. Permits under 

 the Ocean Dumping Act must also comply with State water guality 

 standards and be consistent with State coastal zone management 

 plans. 



If the COE finds that there is no economically feasible 

 method or site available, it may request an EPA waiver from the 

 ODA criteria. At this point, EPA examines the proposed activity 

 to see if it will "result in an unacceptably adverse impact on 

 municipal water supplies, shellfish beds, wildlife, fisheries 

 (including spawning and breeding areas), or recreational areas". 

 If not, the permit may be granted. However, to date, the COE has 

 not requested any waivers, preferring instead to resolve 

 conflicts more informally. 



2. Ocean Dumping Sites 



As mentioned briefly before, EPA designates ocean dumping 

 sites under the ODA. Approximately 119 ocean and coastal dumping 

 sites have been designated by EPA, although many sites are 

 operating under interim designations pending issuance of an 

 Environmental Impact Statement under the National Environmental 

 Policy Act. ( See attached map for site locations ) 



Amendments to the ODA contained in Water Resources 

 Development Act of 1992 (WRDA) clarified EPA's authority to 

 prohibit dumping at a site, as well as required site management 

 plans at dredge disposal sites, including a schedule for review 

 and revision of the plan at least every ten years. WRDA also 

 prohibits final designation of a site without a site management 

 plan after 1994, and generally bans dumping at a site without 

 final designation after 1996. 



States Role In Regulating Ocean Dumping 



Until WRDA, States were prohibited from adopting or enforcing 

 any rule or regulation relating to any activity regulated under 

 the ODA. However, States were allowed to suggest criteria to EPA 

 if the dumping affected State waters and could review ocean 

 dumping activities for violations of State water quality 

 standards under section 401 of the Federal Water Pollution 

 Control Act. The application of State authority under the 

 Federal Coastal Zone Management Act (CZMA) to review the proposed 



There is an exception to this rule when the COE selects an 

 alternative site for dumping with the concurrence of EPA. These 

 alternative sites may be utilized for up to five years, with 

 possible extensions. 



