138 



EPA's role in the Section 103 permit process is only different from a 

 public reviewer in two manners. EPA must sign off on sampling plans for 

 prospective applications and it has the right to object to a permit should it 

 determine that ocean dumping criteria are not complied with. EPA staff receive 

 the PNs along with the public and submits its comments within the same time 

 frame. The public never knows what EPA's position is on the application, unless 

 it requests a copy of its comments. 



The bifurcated nature of the Section 103 permit process has not been 

 successful, at least in the New York District. The different philosophies and 

 missions of both the ACOE and EPA have resulted in gridlock over many 

 important issues, which serves neither the maritime community nor the public. 

 This is a serious administrative problem in need of fixing. 



3. Ocean Dumping Criteria 



The ocean dumping criteria biological testing requirements are mostly 

 described in 40 CFR 227. The biological testing requirements were first detailed 

 in a national guidance manual issued in 1977". also known as the Green Book. 

 These testing requirements must be used to determine the suitability of dredged 

 material for ocean disposal. Generally. ACOE Districts and EPA Regional offices 

 that work jointly on ocean disposal matters developed "regional guidance." 

 tailoring the national guidance to region-specific situations. For example, relevant 

 species that were either suitable to the region, or readily available from labs had 

 to be chosen from among the suite of species listed in the Green Book. 



The 1977 Green Book has always been recognized as seriously flawed and 

 in need of revision. A final revised draft was released in April of 199 P. 



a. Problems with 1977 Green Book and its implementation 



Based on the EPA/Corps effects-based testing approach and utilizing the 

 1977 Green Book tests, the ACOE estimates that only 3% of all dredged 

 materials dumped into the ocean were contaminated enough to warrant special 

 management. In other words, most dredged material passed the required tests and 

 were considered safe for ocean disposal and would not unreasonably degrade the 

 environment. Mention was rarely made of the amount of dredged material that 



r EPA/Corps of Engineers. 1977. Ecological Evaluation of Proposed 

 Discharge of Dredged Material into Ocean Waters . 



28 see note #2 



14 



