66 



Implementation of both programs requires compliance with 

 over 20 other federal environmental protection and conservation 

 statutes, including for example the National Environmental Policy 

 Act, the Endangered Species Act, the Coastal Zone Management Act, 

 the National Marine Sanctuaries Program Amendments Act of 1992 

 and the National Historic Preservation Act. In addition, 

 implementation almost always requires approvals under various 

 state programs and regulations. 



The execution of both programs requires that we work closely 

 with the EPA, the U.S. Fish and Wildlife Service and various 

 elements of the National Oceanic and Atmospheric Administration, 

 such as the National Marine Fisheries Service and the National 

 Marine Sanctuaries Program. The process is designed to provide 

 full involvement of state and local agencies and the public at 

 large. Attached to my testimony is a flow chart and supporting 

 information paper that describes the regulatory process by which 

 public involvement is ensured. Joint federal responsibilities 

 are most significant with EPA, who, in conjunction with Army, is 

 responsible for the development of guidelines under which Army 

 evaluates its own dredged material disposal activities and permit 

 applications of others. Pursuant to section 404 of the CWA and 

 section 102 of the Ocean Dumping Act, depending on whether 

 disposal is proposed for inland waters or ocean waters, 

 respectively, EPA, in consultation with Army, establishes 

 criteria for the disposal of dredged material which are applied 

 to Army dredged material disposal activities and permit 

 applications of others. EPA has the authority to prohibit or 

 restrict the use of any aquatic site for the disposal of dredged 

 material. Further, EPA is also responsible for designating ocean 

 disposal sites and, in conjunction with the Army, is responsible 

 for the development of site management plans under the Ocean 

 Dumping Act. 



SCOPE OF THE PROBLEM 



The total volume of dredged materials disposed of annually 

 under Army programs is about 400 million cubic yards (mcy) . This 

 total is made up of approximately 300 mcy dredged under the Army 

 Corps of Engineers national dredging program and about 100 mcy of 

 material dredged under permits issued by the Corps. Of the 

 total, about 60 mcy of dredged sediments are placed at ocean 

 sites annually and regulated under the Ocean Dumping Act. The 

 remaining volume, about 340 mcy annually, is discharged into open 

 inland and near coastal waters or in confined disposal facilities 

 located in aquatic sites or uplands. Those discharges are 

 regulated under section 10 of the R&HA of 1899 and section 404 of 

 the CWA. 



Over 95 percent of the material within the Army's dredging 

 program and the material from the vast majority of permitted 

 dredging, is classified as uncontaminated. As such, it is often 



