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INFORMATION PAPER: THE REGULATORY PROCESS 



IN PREPARATION FOR TESTIMONY BEFORE 



THE SUBCOMMITTEE ON OCEANOGRAPHY, GULF OF MEXICO AND 



OUTER CONTINENTAL SHELF 



MARCH 30, 1993 



The Department of the Army administers its regulatory 

 program through the Corps of Engineers. This responsibility 

 includes authority to regulate: (1) dredging, the construction of 

 structures, and other types of work in navigable waters of the 

 United States (tidal waters and waters previously, currently, or 

 potentially capable of providing for the transportation of 

 interstate commerce) pursuant to Section 10 of the Rivers and 

 Harbors Act of 1899; (2) the discharge of dredged or fill 

 material into waters of the United States (the territorial sea, 

 all inland and near coastal waters located landward of the 

 baseline of the territorial sea, wetlands adjacent to them, and 

 isolated waters) pursuant to Section 404 of the Clean Water Act 

 (CWA) ; and, (3) the transportation of dredged material for the 

 purpose of ocean dumping, seaward of the baseline of the 

 territorial sea, pursuant to Section 103 of the Marine 

 Protection, Research and Sanctuaries Act (MPRSA) , commonly known 

 as the Ocean Dumping Act. The baseline of the territorial sea 

 may generally be defined as the line on the shore reached by the 

 oceans' ordinary low tides. Although both Section 404 of the CWA 

 and Section 103 of the MPRSA apply to the discharge of dredged 

 material in the territorial sea, the Corps and EPA have agreed 

 that application of the MPRSA provides at least the same degree 

 of environmental protection without necessitating duplication of 

 CWA regulatory procedures. Inclusive in these regulatory 

 responsibilities is the requirement to comply with the National 

 Environmental Policy Act (NEPA) , as well as a host of other 

 federal environmental protection statutes. 



The Environmental Protection Agency (EPA) has the 

 responsibility to develop guidelines, in conjunction with the 

 Department of the Army, under which the Army evaluates permit 

 applications pursuant to Section 404 of the CWA. It is also 

 EPA's responsibility to establish criteria for ocean disposal 

 pursuant to Section 103 of the MPRSA. EPA may prohibit or 

 restrict the use of inland and near coastal aquatic sites, as 

 well as ocean sites, for fill and/or dredged material discharge 

 purposes. EPA also has the authority, pursuant to Section 102 of 

 the MPRSA, to designate ocean disposal sites. 



The Corps evaluation of a permit application proposing 

 dredging and dredged material disposal activities involves 

 determining whether the project complies with: (l) the Corps 

 permit regulations; and, (2) with the ocean dumping criteria, for 

 disposal in the oceans; or, (3) with the Section 404(b)(1) 



