153 



needed to make such a determination. Once all the information has been 

 received by NOAA they have 30-90 days, depending upon whether it is an 

 informal or formal consultation, in which to review the material and make their 

 determination. In the case of this permit, there is a great deal of information that 

 needs to be considered. In order to determine if the health of endangered species 

 swimming and/or feeding in the area is compromised by the activity, it is 

 essential that NOAA have information on the endangered species that frequent the 

 area (marine mammals and sea turtles), when they are in the area, their feeding 

 behavior, their state of health, their sensitivity to the contaminants in the 

 sediments (especially dioxin in this case), the extent of contamination in the 

 sediments to be dumped and how that will add to the contaminants already at the 

 dump site and in the vicinity, and the movement and accumulation of 

 contaminants through the food chain. We believe a NEPA document would be 

 helpful in providing this information, though it could be provided in other forms. 

 The information should also be helpful to EPA in determining potential effects of 

 the materials on other marine species in the area. 



g. EPA and Corps need to determine that the permit complies with 40 CFR 



227.5(b). 



There is a possibility that the dredged material constitutes a "prohibited 

 material" under the MPRSA regulations. 40 CFR 227.5(b) requires that the ocean 

 dumping of the following materials will not be approved by EPA or the Corps of 

 Engineers under any circumstances:.. [materials in whatever form (including 

 without limitation, solids, liquids, semi-solids, gases or organisms) produced or 

 used for radiological, chemical or biological warfare." 



It is well understood that dioxin is a by-product of the manufacture of 

 Agent Orange, an herbicide used for warfare. This issue has been raised to both 

 the Corps and EPA for a response to the possibility that dioxin caused by the 

 manufacture of Agent Orange in dredged materials may fall under the rubric of 

 prohibited materials. 



III. The Water Resources Development Act of 1992 - Title V 



Title V of the Water Resources Development Act of 1992 was an 

 important environmental achievement. For the first time, a national policy was 

 crafted on the problem of contaminated marine and freshwater sediments. Plus, 

 important changes were made to the ocean dredged material disposal program. 



First, a National Contaminated Sediments Task Force with representation 

 from federal agencies, states, ports and environmental interests was mandated. 



29 



