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Questions and Answers for the Record 



Hearing Before House MM&F-OGM&OCS on 30 March 1993 



Ocean Disposal of Contaminated Dredge Material 



Questions from Mr. Weldon - In your testimony, you state that 

 Title V of the Water Resources Development Act somewhat modified 

 the regulatory process under the Ocean Dumping Act by 

 establishing specific time frames for actions by the Army and 

 EPA. Is this a potential problem or a positive step in improving 

 the regulatory process? Why is this the case? 



ANSWER Mr. Rees: The time frames imposed on the regulatory 

 process are an extension of what previously existed in EPA's 

 implementing regulation for the Ocean Dumping Act (40 CFR 220- 

 228) . The effect was to provide a more reasonable timeframe for 

 regulatory reviews of proposed Army permits/projects, based on 

 program experience since the regulation was last revised in 1977. 

 It was clear in our discussions with committee staff leading 

 up to the final language in Title V that we did not support many 

 of the provisions believing instead that administrative solutions 

 were in place and should be allowed to operate. Nevertheless, we 

 reached the compromise position expressed in Title V and stand by 

 it. Whether the provisions will lead to an improved situation or 

 not is speculative, but we believe they will. What is certain, 

 however, is we have lost administrative flexibility to modify the 

 procedures that are now locked in legislatively, should they turn 

 out to be unsatisfactory. 



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